Porterville City Council
June 6, 2022

City Council Agenda June 6, 2022

ADJOURNED REGULAR

CITY COUNCIL MEETING AGENDA
CITY HALL, 291 N. MAIN STREET

PORTERVILLE, CALIFORNIA
MONDAY, JUNE 6, 2022, 5:30 PM
Pursuant to the provisions of Assembly Bill 361, signed into law by Governor Newsom on September 16, 2021, and in an effort to protect public health and slow the rate of transmission of COVID-19, the City of Porterville is allowing for and encouraging electronic participation at City Council Meetings. Until further notice, Porterville City Council Meetings will be live streamed on YouTube at https://www.youtube.com/channel/UC5KuhSrNMNL9nwHJVtnJvvA Alternatively, this meeting will also be available via Zoom using the following information Topic: City of Porterville – Adjourned Regular City Council Meeting of Monday, June 6, 2022 Please use the following link below to join the webinar:
https://us06web.zoom.us/j/89323291200?pwd=TDZxOVRaeWVLcHBJQTUzdjVUd1lDdz09 Or via Telephone: 1-669-900-6833 Webinar ID: 893 2329 1200 Passcode: 371334 Call to Order
Roll Call

ORAL COMMUNICATIONS
This is the opportunity to address the City Council on any matter scheduled for Closed Session. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

CITY COUNCIL CLOSED SESSION:

A. Closed Session Pursuant to:

1 - Government Code Section 54956.8 – Conference with Real Property Negotiators/Property: APN: 261-130-004. Agency Negotiator: John Lollis. Negotiating Parties: City of Porterville and Cornerstone Main Partners II, L.P. Under Negotiation:

Terms and Price.

2 - Government Code Section 54957.6 – Conference with Labor Negotiator. Agency Negotiator: John Lollis and Patrice Hildreth. Employee Organizations: Porterville Peace Officers Association, Management & Confidential Series, Public Safety Support Unit, Porterville City Employees Association, Porterville City Firefighters Association, Fire Officer Series, and all unrepresented management employees.

3 - Government Code Section 54956.95 – Liability Claim: Claimant: Patrick Padma. Agency claimed against: City of Porterville.

City Council Agenda June 6, 2022

4 - Government Code Section 54956.95 – Liability Claim: Claimant: Cecilia Chavez. Agency claimed against: City of Porterville.
5 - Government Code Section 54956.95 – Liability Claim: Claimant: Bertha Loretta Stroud. Agency claimed against: City of Porterville.

6 - Government Code Section 54956.9(d)(1) – Conference with Legal Counsel – Existing Litigation: John Duran v. City of Porterville, U.S. District Court, Eastern Div., Case No. 1:22-CV-00614-DAD-SAB.

7 - Government Code Section 54956.9(d)(3) – Conference with Legal Counsel – Anticipated Litigation – Significant Exposure to Litigation: Six (6) cases in which facts are not yet known to potential plaintiff.

8 - Government Code Section 54956.9(d)(4) – Conference with Legal Counsel – Anticipated Litigation – Initiation of Litigation: One (1) case. 9 - Government Code Section 54957 -- Public Employee Performance Evaluation -- Title: City Manager.
10 - Government Code Section 54957 -- Public Employee Performance Evaluation -- Title:

City Attorney.
6:30 P.M. RECONVENE OPEN SESSION AND REPORT ON REPORTABLE ACTION

TAKEN IN CLOSED SESSION
Pledge of Allegiance Led by Vice Mayor Carrillo
Invocation

ORAL COMMUNICATIONS
This is the opportunity to address the Council on any matter of interest, whether on the agenda or not. Please address all items not scheduled for public hearing at this time. Unless additional time is authorized by the Council, all commentary shall be limited to three minutes.

AB 1234 REPORTS
This is the time for all AB 1234 reports required pursuant to Government Code § 53232.3. 1 - Tulare County Homeless Task Force - May 18, 2022
2 - Council of Cities - May 18, 2022
3 - California Transportation Commission Reception - May 18, 2022 4 - Tulare County Regional Transit Agency - May 18, 2022 5 - San Joaquin Valley Air Pollution Control District Board - May 19, 2022 6 - Eagle Mountain Casino Relocation Committee - May 19, 2022 7 - Library Facility Planning Committee - May 19, 2022
8 - Fire Department Badge Pinning Ceremony - May 20, 2022 City Council Agenda June 6, 2022

9 - Tulare County Economic Development Corporation Board - May 25, 2022 10 - Eagle Mountain Casino Relocation Committee - May 26, 2022 11 - KJUG Free Summer Concert - May 26, 2022
12 - Military Banner Ceremony - May 27, 2022
13 - Tule River Tribal Council Meeting - May 31, 2022
14 - San Joaquin Valley Air Pollution Control District Special City Selection Committee - May 31, 2022
15 - Eagle Mountain Casino Relocation Committee - June 2, 2022 16 - Eastern Tule Groundwater Sustainability Agency - June 2, 2022

REPORTS
This is the time for all committee/commission/board reports; subcommittee reports; and staff informational items.

I. Staff Informational Reports

CONSENT CALENDAR
All Consent Calendar Items are considered routine and will be enacted in one motion. There will be no separate discussion of these matters unless a request is made, in which event the item will be removed from the Consent Calendar. All items removed from the Consent Calendar for further discussion will be heard at the end of Scheduled Matters.

1. Authorization to Purchase Oil for Compressed Natural Gas Compressors Re: Consideration to authorize synthetic lubricant from Archrock at a cost not to exceed $7,000.

2. Authorization to Purchase a Tractor, Mower and Scraper for the Airport Re: Consideration of the council to authorize the purchase of a tractor, mower, and scraper for the Porterville Municipal Airport in the amount of $22,536.11 from Farmers Tractor & Equipment Co.

3. Authorization to Purchase Transit Bus Advertising for the Temporary Library Opening
Re: Consideration to authorize staff to accept $3,000.00 from the Friends of the Library, and to utilize $3,184.64 from the Library's General Fund advertising budget to cover transit bus advertisement.

4. Approval to Renew Microsoft Office 365 Government G1 Software Subscription Re: Consideration to approve the renewal of the Microsoft Enterprise Agreement for Office 365 Government G1 software subscription from CDW-G for a term of three years in the amount of $91,568.19.

5. Authorization to Award - Island Annexation Area 476 Sewer Project City Council Agenda June 6, 2022

Re: Consideration to award the Island Annexation Are 476 Sewer Project, generally bound by Plano Street to the east and Gibbons Avenue to the south, to EverLevel Holding, LLC in the amount of $2,458,485.

6. Authorization to Award Contract - Island Annexation Area 474B Sewer Project Re: Consideration to award the Island Annexation Area 474B Sewer Project, generally bound by North Grand Avenue to the south, Douglas Street to the east, and Newcomb Street to the west, to Todd Companies in the amount of $2,145,750.

7. Acceptance of Project - Digesters 2 and 3
Re: Consideration to accept the Digester 2 and 3 Project as complete.

8. Authorization to Approve - Laboratory Instrument Service Contract Re: Consideration to approve the service contract with Thermo Electron North America LLC for three years.

9. Renewal of Airport Lease Agreement - Lot No. 46B
Re: Consideration to approve the renewal of the Lease Agreement between the City of Porterville and Mike Quatacker and Debbie Quatacker for Lot No. 46B at the Porterville Municipal Airport for a term of ten (10) years.

10. Renewal of Airport Lease Agreement and Consent to Sublet - Lot No. 9 Re: Consideration to approve the renewal of the Lease Agreement between the City and Arrow Falcon Exporters, Inc. for Lot No. 9 at the Porterville Municipal Airport for a term of two years; and authorize the lessee, Arrow Falxcon Exporters, Inc. to sublet airport hangar on Lot No. 9 at the Porterville Municipal Airport to Burton School District beginning on July 1, 2022, and expiring on June 30, 2024.

11. Consent to Sublet - Lot No. 10
Re: Consideration to authorize the Lessee, Arrow Falcon Exporters, Inc to sublet the airport hanger on Lot No. 10 at the Porterville Municipal Airport to Burton School District beginning on July 1, 2022, and expiring on June 30, 2024.

12. 2020 Permanent Local Housing Allocation (PLHA) RFP Funding Recommendations Re: Consideration to award Turning Point of Central California in the amount of $133,186.25 (25% of 2020 PLHA allocation) for the Navigation Center, $144,547.20 (27% of PLHA 2020 allocation) for Emergency Housing, $53,274.50 (10% of PLHA 2020 allocation) for PSH operation support; and award Central California Family Crisis Center in the amount of $175,099.80 (33% of 2020 PLHA allocation).

13. Department of Finance Population Update
Re: Consideration of the request for State certification for the City of Porterville, January 1, 2021, at a population of 62,345.

14. Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
Re: Consider adoption of a draft Resolution consistent with AB 361 to continue to allow remote attendance at public meetings.

15. Status and Review of Local Emergency: Drought
Re: Considering approval of the continuance of the Declaration of Local Emergency.

City Council Agenda June 6, 2022

A Council Meeting Recess Will Occur at 8:30 p.m., or as Close to That Time as Possible

PUBLIC HEARINGS

16. Consideration of Conditional Use Permit to Establish a Nursery at 180 South E Street Re: Consideration to adopt the draft Resolution approving the Conditional Use Permit to establish the use of a nursery for Sunburst Packing Company located at 180 South E Street.

17. Public Health Goal Report
Re: A Public Hearing to receive comments in regard to the City's Public Health Goal Report, which was established by the Cal-EPA’s Office of Environmental Health Hazard Assessment (OEHHA) and intended to inform the public of drinking water contaminants that exceed the Public Health Goal set by Cal-EPA.

SCHEDULED MATTERS

18. Consideration of Appointment to the Animal Control Commission Re: Considering the appointment to the Animal Control Commission.

19. Bid Results - Island Annexation Area 457 Sewer Project Re: Consideration to award the Island Annexation Area 457 Sewer Project, which is generally bound by State Route Highway 65 to the west, State Route Highway 190 to the north, and Chess Terrace Street to the east, to Bill Nelson Construction for the amount of $1,797,530.

20. Consideration of Proposed Fiscal Year 2022-2023 Budget and Setting of Date for Public Hearing
Re: Consideration of the Council to consider the proposed 2022-2023 Fiscal Year Budget, providing any direction on modifications; and schedule the Public Hearing on the Proposed Budget for Monday, June 20, 2022.

21. City Draft Pension Funding Policy and Pension Obligation Bond Validation Suit Re: Consideration of a draft Resolution to establish a City Pension Funding Policy and a Resolution authorizing the filing of a Pension Obligation Bond validation suit.

ORAL COMMUNICATIONS

OTHER MATTERS

CLOSED SESSION
Any Closed Session Items not completed prior to 6:30 p.m. will be considered at this time.

ADJOURNMENT - to the meeting of Monday, June 20, 2022 at 5:30 P.M.

In compliance with the Americans with Disabilities Act and the California Ralph M. Brown Act, if you need special assistance to participate in this meeting, or to be able to access this agenda and documents in the agenda packet, please contact the Office of City Clerk at (559) 782-7464.

Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting and/or provision of an appropriate alternative format of the agenda and documents in the agenda packet.

City Council Agenda June 6, 2022

Materials related to an item on this Agenda submitted to the City Council after distribution of the Agenda packet are available for public inspection during normal business hours at the Office of City Clerk, 291 North Main Street, Porterville, CA 93257, and on the City’s website at www.ci.porterville.ca.us.

Item No. 1.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Authorization to Purchase Oil for Compressed Natural Gas Compressors SOURCE: Public Works
COMMENT: The City's compressed natural gas (CNG) compressors utilize a synthetic lubricant for normal operation. The compressors consume approximately 5- gallons of lubricant per month at a cost of $138 per gallon, not including tax and freight. Due to supply chain issues, staff has been unable to purchase 5- gallon containers at this time, but have located a 55-gallon container at a cost of $100 per gallon, not including tax and freight.

Staff has been challenged to locate the required lubricant to continue to operate refuse equipment, street sweepers, transit, and a public access fuel island. In an effort to get three bids to purchase, only one bid was received from Archrock at $100 per gallon.

Staff is requesting authorization to purchase the 55-gallon drum from Archrock, which is the current maintenance contractor of the CNG station, at an estimated cost of $7,000 (inclusive of tax and freight, including a 10% contingency).

Funding for the purchase will be from the Equipment Maintenance Operating Fund.

RECOMMENDATION: That the City Council:

1. Authorize the purchase of synthetic lubricant from Archrock at a cost not to exceed $7,000 (inclusive of all taxes and freight, including a 10% contingency); and

2. Authorize payment of said repair upon satisfactory
completion.

ATTACHMENTS: 1. Archrock Quote
Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
3333 Gibson St.

Bakersfield Ca. 93308
661-321-0271
www.archrock.com
Russell Isom
City of Porterville,
291 N. Main Street
Porterville CA, 93257
Subject: Royco 889 Oil / Supply Shortages / Work Around Russell, as you are very aware of all the supply chain shortages throughout our nation it has now affected the 5 gallon pails of the Royco 889 oil you run in your CNG equipment. The supplier is unable to get the 5 gallon pails and does not have a GOOD delivery status for us to provide you. We reached out to another one of our customers who purchases the oil by the 55 gallon drum and they have offered to lend us 5 gallons if necessary.

That brings us to how do we keep you running beyond that and we are able to get the oil in a 55 gallon drum and it is available.

Our quote is as follows:
(1) 55 Gallon drum Royco 889 synthetic oil $ 5,500.00
Lead Time is 2-3 weeks ARO
FOB Long Beach Ca.

Taxes are not included in this offering
Freight from Long Beach Ca. to Porterville are not included in this offering.

We want to thank you for your business and please let us know how you wish to proceed.

Respectfully
John Strong
John Strong
SR. Service Manager West Coast.

CC Johnny Hurtado.

Item No. 2.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Authorization to Purchase a Tractor, Mower and Scraper for the Airport SOURCE: Finance
COMMENT: The Porterville Municipal Airport has been operating a 2007 rotary mower that was salvaged from the Parks Department in 2017. Airport staff maintains several acres of Airport property, some in difficult terrain, which has been very hard on both staff and mower. The rotary mower was not intended to be used in such terrain and had greatly depleted its useful life.

Staff is requesting authorization to purchase a small tractor with a mower and scraper to maintain the Airport terrain more efficiently. The tractor is a more versatile piece of equipment which will also enable staff to add appropriate attachments if and when the need arises.

Staff received two quotes for a new tractor, mower and scraper:

Farmers Tractor & Equipment Co. $22,536.11
Lawrence Tractor Co., Inc. $25,581.89
Funds for the purchase of this equipment are available in the Airport Operating Fund.

RECOMMENDATION: That the City Council authorize the purchase of a tractor, mower and scraper for the Porterville Municipal Airport in the amount of $22,536.11 from Farmers Tractor & Equipment Co.

ATTACHMENTS: 1. Farmers Tractor & Equipment Co. Quote

2. Lawrence Tractor Co., Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Final Approver: John Lollis, City Manager

Item No. 3.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Authorization to Purchase Transit Bus Advertising for the Temporary Library Opening
SOURCE: Parks and Leisure Services
COMMENT: In preparation of the temporary library opening at 50 West Olive, Suite B, staff has been working on producing bus advertisement with the Porterville Transit advertising contractor, Rethought Reborn Media. The bus advertisement is scheduled to run from July 1-December 31, 2022. Staff is still working on revisions of the graphics, but has attached the rendering along with the quote in the amount of $6,184.64. The Friends of the Porterville Library wishes to sponsor $3,000.00 towards the cost of the bus advertisement. Staff has identified that the remaining balance of $3,184.64 be paid from the Library’s General Fund account.

RECOMMENDATION: That the City Council authorize staff to accept $3,000.00 from the Friends of the Library, and to utilize $3,184.64 from the Library’s General Fund advertising budget to cover the transit bus advertisement expenditure.

ATTACHMENTS: 1. Rethough Reborn Media Quote
Appropriated/Funded:

Review By:

Department Director:

Donnie Moore, Parks and Leisure Services Director
Final Approver: John Lollis, City Manager

Item No. 4.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Approval to Renew Microsoft Office 365 Government G1 Software Subscription
SOURCE: Finance
COMMENT: The Finance Department - Information Technology (IT) Division is requesting approval to renew the City's Microsoft Office 365 G1 subscription, a cloudbased platform for email and calendaring systems. The current subscription will expire on July 31, 2022. Renewing the City's Office 365 G1 subscription will maintain the City's current email and calendaring services.

Staff received the following quotes for Office 365 G1 annual subscription:

CDW Government, LLC $30,522.73 annually
GovConnection, Inc. $32,305.91 annually
The quote from CDW Government, LLC is for a three-year term for a total of $91,568.19. Staff's request is to purchase the Office 365 G1 subscription from CDW Government, LLC. Funding is available from the IT computer equipment replacement fund.

RECOMMENDATION: That the City Council approve the renewal of Microsoft Enterprise Agreement for Office 365 Government G1 software subscription from CDW-G for a term of three years in the amount of $91,568.19.

ATTACHMENTS: 1. CDW Government, LLC Quote

2. GovConnection, Inc. Quote
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
Item No. 4.

Date 5/19/22
Account Manager David Fiester
for VSL Specialist Brent Cameron
Channel Price Sheet Month May
Unless otherwise noted, All Quotes expire upon current month's end Microsoft Part # Description Level Quantity Price Extended Price Extended Price Extended J5U-00004 AzureMntryCmmtmntG ShrdSvr ALNG SubsVL MVL Commit D 1 $0.00 $ - $ - $ - $ - $ - 4ES-00001 ExchOnlnArchGCC ShrdSvr ALNG SubsVL MVL PerUsr D 271 $28.19 $ 7,639.49 $ 28.19 $ 7,639.49 $ 28.19 $ 7,639.49 U4S-00002 O365 G1 GCC Sub Per User D 271 $84.44 $ 22,883.24 $ 84.44 $ 22,883.24 $ 84.44 $ 22,883.24 Year 1 Total $ 30,522.73 Year 2 Total $ 30,522.73 Year 3 Total $ 30,522.73 Three Year Total $ 91,568.19
No Tax Referenced
Riverside Contract: PSA-0001522
Current Enrollment# 5341479
Agreement End Date: 7/31/2022
Terms and Conditions of sales and services projects are governed by the terms at:
http://www.cdwg.com/content/terms-conditions/product-sales.aspx EA Renewal Quote
Customer to make three annual payments to CDW•G
CDW Government, LLC
Microsoft Enterprise 6.6 Agreement Pricing
Enterprise Quote
City of Porterville (8375A683)
Terms & Conditions
Year 1 Year 2 Year 3
Notes
Account Executive: John Zugg
Phone:

Fax:

Email: [email protected] Date: 6/1/2022
Valid Through: 7/1/2022
Account Manager: Account #: S07537
Phone:

Fax:

Email:

Customer Contact: Ted Williams Phone: (559) 782-7439
Email: [email protected] Fax:

DELIVERY FOB SHIP VIA SHIP WEIGHT TERMS CONTRACT ID#
Destination Small Pkg Ground Service Level .00 lbs Net 30 * Line # Qty Item # Mfg. Part # Description Mfg. Price Ext 1 271 32747168 U4S-00002
Govt. GovEA Office 365 Government G1
Shared Server Per User 12 Months
Microsoft Gov Ea
Microsoft Gov Ea $ 89.32 $ 24,205.72
2 271 4ES00001
ExchOnlnArchGCC ShrdS vr ALNG
SubsVL PerUsr
Microsoft Gov Ea
Microsoft Gov Ea $ 29.89 $ 8,100.19
Subtotal $ 32,305.91
Fee $ 0.00
Shipping and
Handling $ 0.00
Tax Exempt!
Total $ 32,305.91
(559) 7827456 (559) 782-7439
5-30 Days A/R/O
Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company's Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company's Standard Terms of Sale on the Company's website: www.govconnection.com, or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already pre-negotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

SALES QUOTE
GovConnection, Inc. # 25358406.01
732 Milford Road PLEASE REFER TO THE ABOVE
Merrimack, NH 03054 QUOTE # WHEN ORDERING

CITY OF PORTERVILLE
Porterville, CA 93257
QUOTE PROVIDED TO: SHIP TO:

AB#: 14824559 AB#: 20347426

CITY OF PORTERVILLE
ACCOUNTS PAYABLE 350 N D St
291 N MAIN ST
PORTERVILLE, CA 93257

ORDERING INFORMATION
GovConnection, Inc. DBA Connection
Please contact your account manager with any questions.

Ordering Address
GovConnection, Inc.
732 Milford Road
Merrimack, NH 03054
Remittance Address
GovConnection, Inc.

Box 536477
Pittsburgh, PA 15253-5906
Please reference the Contract # on all purchase orders.

TERMS & CONDITIONS
Payment Terms: NET 30 (subject to approved credit)
FOB Point: DESTINATION (within Continental US)
Maximum Order Limitation: NONE
FEIN: 52-1837891
DUNS Number: 80-967-8782
CEC: 80-068888K
Cage Code: OGTJ3
Business Size: LARGE
Erate Spin Number: 143026005
WARRANTY: Manufacturer’s Standard Commercial Warranty
NOTE: It is the end user's responsibility to review, understand and agree to the terms of any End User License Agreement (EULA).

Important Notice: --- THIS QUOTATION IS SUBJECT TO THE FOLLOWING Terms of Sale: All purchases from GovConnection, Inc. are subject to the Company’s Standard Terms of Sale, which describe important legal rights and obligations. You may review the Company’s Standard Terms of Sale on the Company’s website: www.govconnection.com or you may request a copy via fax, e-mail, or mail by calling your account representative. The only exception to this policy is if your order is being placed under any one of our many national, state, educational or cooperative Agreements, in which case the Terms and Conditions of your Purchase Order are already prenegotiated and stated in that Agreement. No other Terms and Conditions shall apply and any other terms and conditions referenced or appearing in your Purchase Order are considered null and void. Due to the industry-wide constraints and fluctuations, we reserve the right to change pricing at any time. Please refer to our Quote Number in your order.

If you require a hard copy invoice for your credit card order, please visit the link below and click on the Proof of Purchase/Invoice link on the left side of the page to print one:https://www.govconnection.com/web/Shopping/ProofOfPurchase.htm Please forward your Contract or Purchase Order to:

[email protected]
QUESTIONS: Call 800-800-0019
Item No. 5.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Authorization to Award - Island Annexation Area 476 Sewer Project SOURCE: Engineering and Project Management
COMMENT: On May 31, 2022, staff received three bids for the Island Annexation Sewer Project - Area 476. Area 476 is generally bound by Plano Street to the east and Gibbons Avenue to the south.

The Engineer's Estimate of Probable Cost for the project was $2,335,674. The low bid presented by EverLevel Holdings, LLC of Chino Hills is $2,458,485, which is $122,811 higher than the Engineer's Estimate (5.25%). an additional $245,848 is necessary for construction contingency (10%) and $245,848 is required for construction management, surveying, quality control and inspection services (10%); equating to a total construction cost of $2,950,181.

Funding for the project will come from proceeds from the issuance of the 2019 Sewer Revenue Bonds, better known to staff as Certificates of Participation (COP) funds.

The bids are as follows:

Contractor Amount
Everlevel Holdings, LLC
Chino Hills, CA
$2,458,485
Emmett's Excavation, Inc
Clovis, CA
$2,785,082
Floyd Johnston Construction Co, Inc
Clovis, CA
$2,966,000
Staff has found the low bid acceptable.

RECOMMENDATION: That City Council:

1. Award the Island Annextion Area 476 Sewer Project to EverLevel Holdings, LLC in the amount of $2,458,485;

2. Authorize progress payments up to one hundred percent (100%) of the contract amount;

3. Authorize a ten percent (10%) contingency to cover unforeseen costs;

4. Authorize an additional $245,848 for construction
management, construction surveying, quality control and inspection services; and
Item No. 5.

5. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #02-100714.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 476

SUBJECT

LOCATION
STATE HIGHWAY 190

W GIBBONS AVE S MAIN ST S INDIANA ST
LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN S PLANO ST

E GIBBONS AVE

E YATES AVE
Item No. 6.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Authorization to Award Contract - Island Annexation Area 474B Sewer Project SOURCE: Engineering and Project Management
COMMENT: On May 25, 2022, staff received five bids for the Island Annexation Sewer Project - Area 474B. Area 474B is generally bound by North Grand Avenue to the south, Douglas Street to the east, and Newcomb Street to the west.

The Engineer's Estimate of Probable Cost for the project was $2,025,287. The low bid presented by Todd Companies of Visalia is $2,145,750, which is $120,463 higher than the Engineer's Estimate (5.95%). An additional $214,575 is necessary for construction contingency (10%) and $214,575 is required for construction management, surveying, quality control, and inspection services (10%); equating to a total construction cost of $2,574,900.

Funding for the project will come from proceeds from the issuance of the 2019 Sewer Revenue Bonds, better known to staff as Certificates of Participation (COP) funds.

The bids are as follows:

Contractor Amount
Todd Companies
Visalia, CA
$2,145,750
Bill Nelson General Construction, Inc
Fresno, CA
$2,169,866
Emmett's Excavation, Inc
Clovis, CA
$2,187,045
Floyd Johnston Construction, Inc
Clovis, CA
$2,406,000
EverLevel Holdings, LLC
Chino Hills, CA
$2,413,397
Staff has found the low bid acceptable.

RECOMMENDATION: That City Council:

1. Award the Island Annexation Area 474B Sewer Project to Todd Companies in the amount of $2,145,750;

2. Authorize progress payments up to one hundred percent (100%) of the contract amount;
Item No. 6.

3. Authorize a ten percent (10%) contingency to cover unforeseen costs;

4. Authorize an additional $214,575 for construction
management, construction surveying, quality control, and inspection services; and

5. Authorize the City Engineer to negotiate construction surveying services with one of the firms as approved by Council MO #02-100714.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager
$5,700/EA. $906,300

ENGINEERING DIVISION

CITY OF PORTERVILLE
291 NORTH MAIN STREET PORTERVILLE, CA. 93257
(559) 782-7462 SEWER ANNEXATION
NUMBER 474B

SUBJECT

LOCATION

LINEAL FOOTAGE

SEWER SYSTEM IMPROVEMENT SUMMARY

NUMBER OF LOTS
6,750
159
COST
$75/L.F.

TOTAL
$506,250

BREAKDOWN UNIT N PROSPECT ST

W NORTH GRAND

AVE N BEVERLY ST N NEWCOMB ST N DOUGLAS ST N PROSPECT ST LEGEND

ANNEXATION LIMITS

EXISTING SEWER MAIN

PROPOSED SEWER MAIN

W LINDA VISTA AVE
Item No. 7.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Acceptance of Project - Digesters 2 and 3
SOURCE: Engineering and Project Management
COMMENT: GSE Construction has completed the Digester 2 and 3 Repair Project per plans and specifications. The project consisted of the repair of Digesters No. 2 and No. 3 as both experienced structural damage of their steel dome covers. The Digester No. 2 dome cover was installed in 1953, and there was significant corrosion damage to the Digester No. 2 floating dome cover that rendered it inoperable. The Digester No. 3 dome cover was installed in 1977, and the fixed dome cover was damaged when overflow piping plugged due to struvite build up in supernatant piping and had been out of service since 2016. The digester dome covers were removed to repair damage to the concrete wall at cover anchor bolt locations. The obsolete heat exchanger that was installed in 1977 and the digester gas flare were replaced.

Staff tracks construction costs of all Capital Improvements Projects and reports project construction expenditures when the project is accepted by the City Council. At its meeting on September 1, 2020, the Council authorized expenditure of $2,477,475.00 for construction, construction management, construction design and quality control services for the Wastewater Treatment Facility Digesters Rehabilitation Project. At its meeting on October 19, 2021, the Council authorized an additional contingency of $200,000 for a total authorized expenditure of $2,677,475.00. The following itemizes the construction-related costs in two categories: 1) the construction contract, and 2) a combination of construction management, design and quality control. 1) Final construction cost is $2,365,954.60.
2) Construction management, design and quality control costs are $47,091.26.

Total project construction costs equate to $2,413,045.86, which is less than the $2,677,475.00 overall budget approved by Council at the time of award.

Funding for the project was allocated by Wastewater Treatment Facility Capital Reserve funds.

GSE Construction requests that the City accept the project as complete. Staff reviewed the work and found it acceptable.

Item No. 7.

RECOMMENDATION: That City Council:

1. Accept the project as complete;

2. Authorize the filing of the Notice of Completion; and

3. Authorize the release of the five percent (5%) retention thirty-five (35) days after recordation, provided no stop notices have been filed.

ATTACHMENTS: 1. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Javier Sanchez, Engineering & Project Management Director Final Approver: John Lollis, City Manager

PORTER SLOUGH
ER SLOUGH PROSPECT ST. LOWERY ST. WESTSIDE ST. MANKINS CIR. WAUKESHA ST. LINDALE ST. BEVERLY ST. LOTAS ST.

THURMAN AVE. YORK ST. MASTON ST.

GRAND AVE.

KANAI AVE.

GRAND AVE. YORK DR.

BELLEVIEW AVE.

MEMORY LN. PROSPECT ST. NEWCOMB ST.

MORTON AVE.

PUTNAM AVE.

ON AVE.

CITY OF PORTERVILLE SEWER PLANT
HENDERSON AVE. NEWCOMB ST.

CITY OF PORTERVILLE

ENGINEERING DIVISION
291 NORTH MAIN STREET
PORTERVILLE, CA. 93257
(559) 782-7462
N
O R T
H

PROJECT

LOCATION
Item No. 8.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Authorization to Approve - Laboratory Instrument Service Contract SOURCE: Public Works
COMMENT: The City Laboratory Inductively Coupled Plasma Optical Emission Spectrometer instrument is under a service contract with the instrument manufacturer. The service contract includes one preventive maintenance service call, unlimited technical support, and an onsite technician for instrument repair, as needed. The City Laboratory needs to renew the following contract to continue instrument technical support:

Inductively Coupled Plasma Optical Emission Spectrometer, Thermo Electron North America LLC -
Year 1: 6/8/2022 - 6/7/2023 = $11,095.00
Year 2: 6/8/2023 - 6/7/2024 = $11,095.00
Year 3: 6/8/2024 - 6/7/2025 = $11,095.00
The service contract fees are paid from the Laboratory's operating budget.

RECOMMENDATION: That the City Council:

1. Approve the service contract with Thermo Electron North America LLC for three years; and

2. Authorize payment for this service from the Laboratory operating budget.

ATTACHMENTS: 1. Thermo Electron North America LLC Service Agreement Appropriated/Funded:

Review By:

Department Director:

Michael Knight, Public Works Director
Final Approver: John Lollis, City Manager
Dear CAROLINE THOMASON,
Thank you for being a valued Thermo Fisher Scientific customer. The current coverage for your instrumentation will expire in the coming months.

The following details a Service Plan that will help you gain the greatest value from your technology investment.

Some key benefits of purchasing a Service Plan for your instrument may include:
~ 50% faster onsite response time with 30-40% reduced downtime compared to billable customers ~ 35% remote resolution of issues with exclusive access to enhanced technical support with digital remote support tools ~ Priority access to more than 2,000 field service professionals with an average of 18 years’ experience I ask that you please review the following proposal. If you wish to purchase the Service Plan, please forward the following via email (preferred) or fax to my attention:
~ A signed copy of the proposal
~ A copy of the respective Purchase Order
- Ensuring the PO reflects Thermo Electron North America LLC as the vendor/supplier - Referencing this proposal number on the PO
Please review the Equipment Location Summary at the end of the proposal to ensure accuracy. For any questions or revisions, please contact me.

On behalf of our team, thank you for choosing Thermo Fisher to be your preferred service provider.

Sincerely,

CHRISTIAN KOBAL, THERMO FISHER SCIENTIFIC
Tel #: 346-732-7660
Email: [email protected]
Fax #: 877-867-8945

CAROLINE THOMASON

CITY OF PORTERVILLE
1265 W GRAND
PORTERVILLE CA 93257
Phone: 559-782-7510
Fax:

Email: [email protected]

SERVICE PLAN QUOTATION
QUOTATION Number: 21612592 / -2
Coverage Start Date: June 08, 2022
Coverage End Date: June 07, 2025
Quotation Expires: June 08, 2022
Thermo Electron North America LLC
1400 Northpoint Pkwy Ste 50
West Palm Beach, FL 33407-1976

Customer agrees to make full payment within thirty days of invoice. Alternative payments are available at an additional finance fee. Prices shown on this sheet are exclusive of all state, local, use, excise and/or other taxes. ________________________________________________________________________________________ Material Description Serial Number Price
________________________________________________________________________________________ 842310063181 iCAP 6300 Duo View ICP-OES Spectrometer 20101914 Coverage: UNITY ESSENTIAL PLAN - ELEMENTAL OE/ICP 33,285.00 USD UNITY LAB SERVICES ESSENTIAL SERVICE PLAN ~ ICP/OES
Plan Features:
~ Field Service Engineer labor, travel, and parts required for Corrective Maintenance visits with a targeted response time of 3 business days
~ Priority status for technical support inquiries with a targeted immediate response time. A certified service engineer will conduct diagnosis and Corrective Maintenance procedures using the latest digital remote support tools ~ One (1) scheduled annual Preventive Maintenance visit (a standard PM kit is included) ~ Discount on additional Preventive Maintenance
~ Instrument Requalification (RQ) in conjunction with a scheduled Corrective Maintenance with a purchase of an add-on Operational Qualification (OQ)
~ Premium subscription to Unity Lab Services Online Knowledge Base ~ 10% discount on parts, accessories, and consumables during the effective period of the contract (please ask for the discount when contacting your local Thermo Fisher Scientific parts ordering department) ~ Computers that were purchased from Thermo Fisher Scientific and required for the operation of the analytical system
~ Software and firmware updates upon request and in conjunction with a scheduled Preventive Maintenance or Corrective Maintenance visit (updates are defined as changes of the existing software version that are intended to improve its performance)
~ 10% discount off list price for the training classes purchased during the contract validity period. May not be available in all locations or used in conjunction with any other discounts or promotions (please check availability with your local Thermo Fisher sales representative or customer service team) Coverage Exclusions:
~ Background checks, drug-testing, or on-site trainings required by customers may be subject to additional charges ~ Applications and method development support
~ Computers and/or software not provided and/or installed with the system by Thermo Fisher Scientific ~ Computer hardware, operating system, and layered application software upgrades ~ Computer replacement in order to accommodate an upgrade to a newer version of the operating system ~ Instrument control software version upgrades
~ External power equipment e.g. UPS (uninterruptable power supply), power conditioner, or isolation transformer ~ Operator training
~ Complete system replacement
~ Buy-in parts and engineering specials
~ Consumable items and wearable parts such as (but not limited to) nebulizers, spray chambers, torches, sample cones, sample probes, power tubes, work coils, burner heads, lamps, sample tubing, o-rings, seals, pipettes, glassware, etc.
~ Accessories and optional modules, such as (but not limited to) autosamplers (other than OEM-supported models of CETAC/ESI basic liquid autosamplers interfaced to iCE series AA systems), chillers manufactured by companies other than Thermo Fisher Scientific, separate vapor accessories, solid sampling systems, auto diluters, auto concentrators, argon humidifiers, detectors, furnaces, etc. (unless covered by a separately purchased additional option plan, if available)

CAROLINE THOMASON

CITY OF PORTERVILLE
1265 W GRAND
PORTERVILLE CA 93257
Phone: 559-782-7510
Fax:

Email: [email protected]

SERVICE PLAN QUOTATION
QUOTATION Number: 21612592 / -2
Coverage Start Date: June 08, 2022
Coverage End Date: June 07, 2025
Quotation Expires: June 08, 2022
Thermo Electron North America LLC
1400 Northpoint Pkwy Ste 50
West Palm Beach, FL 33407-1976

________________________________________________________________________________________ Material Description Serial Number Price
________________________________________________________________________________________ 942347004001 Cetac ASX-520 Autosampler
Coverage: Elemental ICP Options
OPTIONS PLAN # ICP/OES
The entitlements and exclusions of the Options plan are the same as those of the support plan for the main instrument
Annual Invoicing at no additional cost.

Year 1: 6/08/2022-6/7/2023 =$11,095.00
Year 2: 6/08/2023-6/7/2024 =$11,095.00
Year 3: 6/08/2024-6/7/2025 =$11,095.00
________________________________________________________________________________________ Service Plan Sub-Total 33,285.00 USD
Service Plan Total 33,285.00 USD
________________________________________________________________________________________ Thermo Fisher Scientific looks forward to providing service on those instruments specified above subject to the terms and conditions stated on the attached document. As an authorized representative of the Buyer, your signature below creates an Agreement to buy the services listed above and your acceptance of the Terms and Conditions on the following pages as the sole and exclusive terms for your purchase. If you have questions, please contact me.

Please be advised that our legal department’s contract review policy does not allow for the review or acceptance of customer terms for Service Plan engagements below $20,000. The rationale for this policy is to expedite the sales process and reduce the possibility of accepting onerous terms for low dollar value contracts. We are willing to entertain in good faith proposed edits to our standard terms if you are inclined to propose reasonable changes. As alternative to the exchange and review of edited commercial terms, we may agree to have neither party sign any terms and rely on the terms applied under the relevant version of the Uniform Commercial Code.

ACCEPTANCE OF SERVICE PLAN
CITY OF PORTERVILLE Thermo Electron North America, LLC
________________________________________ ________________________________________ Signature Date Signature Date
________________________________________
PO Number

CAROLINE THOMASON

CITY OF PORTERVILLE
1265 W GRAND
PORTERVILLE CA 93257
Phone: 559-782-7510
Fax:

SERVICE PLAN QUOTATION
QUOTATION Number: 21612592 / -2
Coverage Start Date: June 08, 2022
Coverage End Date: June 07, 2025
Quotation Expires: June 08, 2022
Thermo Electron North America LLC
1400 Northpoint Pkwy Ste 50
West Palm Beach, FL 33407-1976

TERMS AND CONDITIONS OF SALE FOR PRODUCTS AND SERVICES

1. GENERAL. Thermo Electron North America LLC ("Seller") hereby offers for sale to the buyer named on the face hereof ("Buyer") the products ("Products") and/or annual support plans ("Support Plan(s)") and billable services ("Technical Support") [Support Plans and Technical Support may be referred to collectively as "Services"] as listed on the face hereof on the express condition that Buyer agrees to accept and be bound by the terms and conditions set forth herein ("Agreement"). Any new or different provisions contained in any document issued by Buyer in response to this offer are expressly rejected; and if Buyer’s response is deemed to be an offer, this document is a rejection of Buyer’s offer and a counter offer by Seller and shall not constitute acceptance of any proposal by Buyer. Buyer’s receipt of Products or Seller's commencement of Services hereunder will constitute Buyer's acceptance of this Agreement. This is the final, complete and exclusive statement of the contract between Seller and Buyer with respect to Buyer's purchase of Products and Services specified herein, which terms may not be altered in any way by Buyer's purchase order terms. No waiver, consent, modification, amendment or change of the terms contained herein shall be binding upon Seller unless agreed in writing and signed by Seller. Seller's failure to object to additional or different terms contained in any subsequent communication from Buyer will not be a waiver or modification of the terms set forth herein and all such proposals contained in Buyer's order are subject to acceptance in writing by an authorized representative of Seller.

2. PRICE. All prices published by Seller or Seller's representatives may be changed at any time without notice. All prices quoted by Seller or Seller's representatives are valid for thirty (30) days, unless otherwise stated in writing. All prices for the Products or Services will be as specified by Seller or, if no price has been specified or quoted, will be Seller's standard prices in effect at the time of shipment of Products or delivery of Services. All prices are subject to adjustment on account of specifications, quantities, raw materials, cost of production, shipment arrangements or other terms or conditions that are not part of Seller's original quotation. Unless otherwise stated in the quotation, the quoted rate for Technical Support includes Work Time, Travel Time and Standby Time in accordance with the following schedule and conditions; except that Technical Support requested without at least seven (7) days advanced notification shall be subject to airfare charges in addition to the Standard Rate.
(a) Work Time : shall include all hours that Seller's service personnel are on the Buyer's job site, either working or ready for work and shall be payable at the applicable specified rates. (b) Travel Time : shall include the time spent by Seller's service personnel in traveling between their customary headquarters and the Buyer's job site and in returning (including travel occurring on Saturdays, Sundays and holidays). Except as otherwise stated in the Services quotation, Travel Time will be invoiced per diem at the applicable Travel Zone rates in Seller's standard service list prices.

Air travel and car hire related expenses will be charged in addition to the daily rate at cost plus a 10% administration fee. (c) Standby Time : shall include the time that Seller agrees in writing, at its sole discretion, to reserve its service personnel to be ready to perform work for the Buyer, whether on the job site or not, up to a maximum of 8 hours a day, between the hours of 8:00 a.m. and 5:00 p.m., local standard time on Saturdays, Sundays and holidays. Standby Time shall be paid for at the special rates quoted by Seller at the time of Buyer's request or, if none, at the current Double Time Rate; and Standby Time preceded and/or followed by Work Time is cumulative in determining Overtime. (d) Standard Rate : the Service rate quoted by Seller that shall be paid for time worked on a regular schedule of eight (8) hours per day, Monday through Friday (excluding Seller's holidays), between 8:00 a.m. and 5:00 p.m. local standard time.
(e) Overtime Rate : if applicable for the quoted Services, the rate of one and a half times the Standard Rate shall be paid for any time worked in excess of eight (8) hours or between the hours of 5:00 p.m. and 8:00 a.m. local standard time; but not exceeding sixteen (16) hours per day Monday through Friday, and for any time on Saturdays, not to exceed sixteen (16) hours. Overtime shall be billed in 30 minute blocks; or longer time blocks, if quoted by the Supplier. (f) Double Time Rate : the rate of twice the Standard Rate shall be paid for time worked in excess of sixteen (16) hours per day, without a six (6) hour break, Monday through Friday, and for all time on Saturdays, Sundays and holidays. Holidays shall be those observed by Seller.

3. TAXES AND OTHER CHARGES. Prices for the Products and Services exclude all sales, use, value added and other taxes and duties imposed with respect to the sale, delivery, or use of any Products or Services covered hereby, all of which taxes and duties must be paid by Buyer. If Buyer claims any exemption, Buyer must provide a valid, signed certificate or letter of exemption for each respective jurisdiction.

4. TERMS OF PAYMENT. Seller may invoice Buyer immediately for the single lump sum amount equal to the total charges for the initial Term of a Support Plan, upon shipment of Products or upon completion of Technical Support for the price and all other charges payable by Buyer in accordance with the terms on the face hereof. If no payment terms are stated on the face hereof, payment shall be net thirty (30) days from the date of invoice. International Technical Support may require payment in advance. Buyer will grant a security interest in the Products sold under this Agreement until payment of the full purchase price to Seller in accordance with Article 9-103 of Uniform Commercial Code-Secured Transactions. If Buyer fails to pay any amounts when due, Buyer shall pay Seller interest thereon at the greater of a periodic rate of one and one-half percent (1.5%) per month or the highest rate stipulated by applicable law, together with all costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) incurred by Seller in collecting such overdue amounts or otherwise enforcing Seller's rights hereunder. Seller reserves the right to require from Buyer full or partial payment in advance, or other security that is satisfactory to Seller, at any time that Seller believes in good faith that Buyer's financial condition does not justify the terms of payment specified. All payments shall be made in U.S. Dollars unless otherwise specified in Seller's invoice.

5.A. PRODUCT DELIVERY. All Products will be shipped to the destination specified by Buyer, FCA (INCOTERMS 2010) at OEM shipping point or Seller's distribution facility, as applicable, which will vary depending on Product type and availability and may include points outside the United States (U.S.) (inquire for specific shipping point information). Notwithstanding specified INCOTERMS, Seller shall select carrier on Buyer's behalf and Seller agrees to arrange transportation of Products to Buyer's destination, and to act as the importer of record on behalf of Buyer to clear the Products through U.S. customs. All freight, taxes, duties and insurance, if any, charges shall be prepaid and added to Buyer's invoice. Seller may, at its election, make partial shipments of the Products and invoice each shipment separately. Seller reserves the right to withhold shipments in whole or in part and/or terminate any Services, if Buyer fails to make any payment to Seller when due or otherwise fails to perform its obligations hereunder. Seller's termination of Services will not relieve Buyer's obligation to pay all amounts due for Services provided by Seller prior to the termination date. All shipping dates are approximate only, and Seller will not be liable for any loss or damage resulting from any delay in delivery or failure to deliver which is due to any cause beyond Seller's reasonable control. In the event of a delay due to any cause beyond Seller's reasonable control, Seller reserves the right to terminate the order or to reschedule the shipment within a reasonable period of time, and Buyer will not be entitled to refuse delivery or otherwise be relieved of any obligations as the result of such delay.

5. B. CANCELLATION OR CHANGES BY BUYER If Buyer requests that Seller delay delivery of Products for any reason, Seller may place Products in storage at Buyer's risk and expense and for Buyer's account. Orders in process may be cancelled only with Seller's written consent and upon payment of Seller's cancellation charges. Orders in process may not be changed except with Seller's written consent and upon agreement by the parties as to an appropriate adjustment in the purchase price therefor. Credit will not be allowed for Products returned without the prior written consent of Seller. Before returning any item, contact Seller's Order Administration Department for a Return Material Authorization (RMA) number at (800) 532-4752. Buyer may need to complete an RMA Form which includes a Hazard Free Form and/or Instrument Contamination Data Form. If authorized by Seller, Buyer must return items to Seller in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk if the item is lost or damaged in shipment. In addition, Seller reserves the right to charge the Buyer the list price for missing components or subassemblies when incomplete items are returned to Seller. Authorized returns of any unused items which are free from material defects to Seller, in its sole discretion, may be subject to a twenty percent (20%) restocking charge.

Requests by Buyer to delay, postpone or suspend on-site Services, due to no fault of Seller, shall be subject to Seller's ability to recall its service representatives and to cancel and/or reschedule of any of their travel arrangements; and provided that, Buyer pays any and all additional costs (including, Travel Time and expenses) incurred by Seller as a result of the Services being postponed or suspended by Buyer. Cancellation of scheduled Services may be subject to a cancellation fee of twenty percent (20%) if Seller is notified less than 7 business days prior to the scheduled date of service.

6. DELIVERY OF SERVICES. Except as otherwise stated on the face hereof, all Services will be provided by Seller or its agent between the hours of 8:00 a.m. and 5:00 p.m. local standard time, Monday through Friday, excluding Seller's holidays, either at Seller's principal offices or, at Seller's option, at Buyer's installation address. If Seller advises Buyer that Services should be performed at Seller's facility, Buyer will properly package the Products to prevent damage, clearly mark the RMA number on the outer packaging, and ship it, via postage/freight prepaid, to the address set forth on the face hereof or such different address as Seller may from time to time provide to Buyer. After Seller completes the Services, or has made a determination that the products are beyond repair, Seller may, at its option, either advise Buyer to scrap the Products or to have the Products shipped, postage/freight prepaid, back to Buyer's installation address stated on the quotation, or to such other address as Buyer requests. In the event Buyer requires expedited delivery, such delivery will be made at Buyer's expense. If Seller advises Buyer that Services should be performed at Buyer's site, Buyer will use its best efforts to provide Seller with all requested diagnostic information for any products requiring Services; and subject to compliance with Buyer's reasonable security requirements, will allow Seller free access to all relevant equipment, documentation and records. In addition, Buyer will cooperate with Seller's efforts to perform the Services and will provide such additional assistance as Seller may reasonably request. At the completion of the Services, Seller's representatives will provide Buyer with a field service report on which will be indicated the number of hours spent and the materials used in completing the work. Buyer's signature on the field service report will signify approval of the information in the report and Seller's satisfactory completion of the Services. If Buyer does not sign the report or provide written objection within five (5) business days after receipt, then the report will be deemed unequivocally approved and accepted by Buyer.

7. TITLE AND RISK OF LOSS. Notwithstanding the transport terms indicated above, title to and risk of loss of the Products will pass to Buyer upon delivery of possession of the Products by Seller to the carrier at the time and place of shipment; provided, however, that title to any software incorporated within or forming a part of the Products will at all times remain with Seller or the licensor(s) thereof, as the case may be. All risk of loss or damage to Buyer's products being transported for Services shall remain with Buyer during shipment to and from the Buyer's site and during Seller's performance of Services hereunder.

8. WARRANTIES. Seller's sole obligation with respect to the Services is to provide the quoted Services in a workmanlike manner and if Buyer provides notice of defect in Service within ninety (90) days of completion of such Services, Seller will, at its sole option, either reperform the Services without charge to Buyer or grant Buyer a credit for the amount paid by Buyer with respect to such Service. Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the Product documentation, published specifications or package inserts (the "Warranty Period"). If a Warranty Period is not specified in Seller's Product documentation, published specifications, or package inserts, the Warranty Period for new instruments is twelve (12) months from the date of shipment to Buyer; and for all other Products is ninety (90) days from the date of shipment. During the Warranty Period, Seller agrees to repair or replace, at Seller's option, defective Products so as to cause the same to operate in substantial conformance with Seller's published specifications; provided that Buyer (a) promptly notifies Seller in writing upon the discovery of any covered defect in the Products, including the Product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller's review, Seller will provide Buyer with an RMA number and services data, which may include biohazard decontamination procedures and other Product-specific handling instructions. Then, if applicable, Buyer may return the defective Products to Seller with all costs prepaid by Buyer. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to Buyer of repaired or replacement Products will be made in accordance with the Delivery clause of this Agreement. Except for new consumable items manufactured and sold by Seller, this warranty expressly excludes all other consumable parts or components (e.g., bulbs, belts, cartridges, etc.) in the Products. If Seller elects to repair defective medical device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the instruments are being repaired.

Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller; but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier.

In no event shall Seller have any obligation to make repairs, replacements or corrections under the Warranty, in whole or in part, as the result of or with respect to: (a) use of the Products in a manner for which they were not designed; (b) improper storage and handling of the Products; (c) use of the Products in combination with equipment or software not supplied by Seller (d) shipping damage incurred en route to Buyer's site or because of moving equipment, in which case Seller will promptly provide a cost estimate for Technical Support to the consignee for filing claims to carriers for shipping damage; (e) flood, lightning, earthquake, tornado, hurricane or fire, bombing, armed conflict, malicious mischief, sabotage or other natural or man-made disasters; (f) normal wear and tear, physical abuse, misuse, sprinkler damage, electrical surge or abnormal power variation; (g) repairs, maintenance, or modifications made by anyone other than Seller trained personnel or without Seller's supervision and/or approval; (h) relocation and reinstallation of equipment; although upon request Seller will supervise the removing, crating, relocation and reinstallation of the Products at Seller's current Services rates; (i) maintenance or replacement of media (i.e., floppy disks, plotter supplies, etc.) whatever the reason for loss, failure or damage; (j) beta-site support; (k) operator training; or (l) repairing Product malfunctions if the fault is not with the equipment. If Seller determines that Products for which Buyer requested warranty services are not covered by this warranty, Buyer will pay or reimburse Seller for Thermo Electron North America LLC
1400 Northpoint Pkwy Ste 50
West Palm Beach, FL 33407-1976

all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides Services or replacement parts that are not covered by this warranty, Buyer shall pay Seller therefor at Seller's then prevailing time and materials rates.

ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR

ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS AND/OR SERVICES. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT FOR SELLER TO REPAIR

OR REPLACE A DEFECTIVE PRODUCT OR TO REPERFORM OR CREDIT THE PRICE OF DEFECTIVE SERVICES SHALL BE THE SOLE REMEDY OF BUYER FOR SUCH DEFECTIVE PRODUCTS OR SERVICES UNDER THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER

EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NONINFRINGEMENT. SELLER DOES NOT WARRANT THAT THE PRODUCTS OR SERVICES ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.

9. INDEMNIFICATION.

9.1 By Seller. Seller will indemnify, defend and save Buyer, its officers, directors, and employees from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees) ("Indemnified Items") asserted by another party against Buyer for (i) bodily injury to or death of persons or damage to tangible property to the extent caused by the negligence or willful misconduct of Seller, its employees, agents or representatives or contractors in connection with the performance of Services at Buyer's premises under this Agreement; and (ii) claims that a Product infringes any U.S. patent, copyright or trade secret; provided, however, Seller's liability under this Section does not extend to any such Indemnified Items caused by either (u) the negligence or willful misconduct of Buyer, its employees, agents or representatives or contractors, (v) by any third party, (w) use of a Product in combination with equipment or software not supplied by Seller where the Product alone would not be infringing, (x) Seller's compliance with Buyer's designs, specifications or instructions, (y) use of the Product in an application or environment for which it was not designed, or (z) modifications of the Product by anyone other than Seller without Seller's prior written approval. Buyer will promptly notify Seller in writing of any claim covered by Seller's indemnification obligations hereunder. Seller may assume exclusive control of the defense of such claim or, at the option of the Seller, to settle the same.

Buyer agrees to cooperate reasonably with Seller in connection with the performance by Seller of its obligations in this Section.

Notwithstanding the above, Seller's infringement related indemnification obligations shall be extinguished and relieved if Seller, at its discretion and at its own expense (a) procures for Buyer the right, at no additional expense to Buyer, to continue using the Product; (b) replaces or modifies the Product so that it becomes non-infringing, provided the modification or replacement does not adversely affect the specifications of the Product; or (c) in the event (a) and (b) are not practical, refund to Buyer the amortized amounts paid by Buyer with respect thereto, based on a five (5) year amortization schedule. THE FOREGOING INDEMNIFICATION PROVISION STATES SELLER'S ENTIRE LIABILITY TO BUYER FOR, AND BUYER'S SOLE AND EXCLUSIVE REMEMDY IN RESPECT OF, THE CLAIMS DESCRIBED HEREIN.

9.2 By Buyer. Buyer will indemnify, defend with competent and experienced counsel and hold harmless Seller, its parent, subsidiaries, affiliates and divisions, and their respective officers, directors, shareholders and employees, from and against any and all damages, liabilities, actions, causes of action, suits, claims, demands, losses, costs and expenses (including without limitation reasonable attorneys' fees and disbursements and court costs) to the extent arising from or in connection with (i) the negligence or willful misconduct of Buyer, its agents, employees, representatives or contractors; (ii) use of a Product in combination with equipment or software not supplied by Seller where the Product alone would not be infringing; (iii) Seller's compliance with designs, specifications or instructions supplied to Seller by Buyer; (iv) use of a Product in an application or environment for which it was not designed; or (v) modifications of a Product by anyone other than Seller without Seller's prior written approval.

10. SOFTWARE. With respect to any software products incorporated in or forming a part of the Products hereunder (i.e., firmware), Seller and Buyer intend and agree that such software products are being licensed and not sold, and that the words "purchase", "sell" or similar or derivative words are understood and agreed to mean "license", and that the word "Buyer" or similar or derivative words are understood and agreed to mean "licensee". Notwithstanding anything to the contrary contained herein, Seller or its licensor, as the case may be, retains all rights and interest in software products provided hereunder. Seller hereby grants to Buyer a royalty-free, non-exclusive, nontransferable license, without power to sublicense, to use software licensed hereunder solely for Buyer's own internal business purposes on its hardware Products and to use the related documentation solely for Buyer's own internal business purposes. This license terminates when Buyer's lawful possession of the hardware Products provided hereunder ceases, unless earlier terminated as provided herein. Buyer agrees to hold in confidence and not to sell, transfer, license, loan or otherwise make available in any form to third parties the software products and related documentation provided hereunder. Buyer may not disassemble, decompile or reverse engineer, copy, modify, enhance or otherwise change or supplement the software products provided hereunder without Seller's prior written consent. Seller will be entitled to terminate this license if Buyer fails to comply with any term or condition herein. Buyer agrees, upon termination of this license, to immediately stop using all software products and related documentation provided hereunder and all copies and portions thereof.

Certain of the software products provided by Seller may be owned by one or more third parties and licensed to Seller or may be stand-alone software products, which Buyer hereby agrees are subject to a separate browse-wrap, shrink-wrap or click-thru end user license agreement (EULA). Accordingly, the warranty and indemnification provisions herein do not apply to such software, which are exclusively provided in the applicable EULA.

11. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF SELLER UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF SELLER FOR BREACH OF WARRANTY (THE SOLE

REMEDY FOR WHICH IS PROVIDED UNDER THE PRODUCT AND SERVICES WARRANTIES HEREIN) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE TOTAL

PURCHASE PRICE THERETOFORE PAID BY BUYER TO SELLER WITH RESPECT TO THE PRODUCT(S) OR SERVICES GIVING RISE TO SUCH LIABILITY OR (B) ONE MILLION DOLLARS ($1,000,000). NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL SELLER BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR

INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER SELLER (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR (b) IS NEGLIGENT.

12. EXPORT RESTRICTIONS. Buyer acknowledges that each Product and any related services, software and technology, including technical information supplied by Seller or contained in documents (collectively "Items"), may be subject to export controls of the U.S. government and/or other governments. Such export controls may include, but are not limited to, the Export Administration Regulations of the U.S. Department of Commerce (the "EAR"), which may restrict or require licenses for the export of Items from the U.S. and their re-export from other countries and all other applicable laws, regulations, laws, treaties, and agreements relating to the export, re-export, and import of any Item. Buyer shall not export, re-export, distribute or supply any Item, directly or indirectly, to (i) any country, person or entity, in each case, without first obtaining from the U.S. government and/or other appropriate government agency any license required to do so lawfully; (ii) any person or organization in Cuba, Iran, North Korea, Sudan, Syria, or other country then the subject of a U.S. embargo, or any person or entity considered a part of the government of any such country; or (iii) any person or entity who is involved in improper development or use of nuclear weapons, or of chemical/biological weapons (CBW) or missiles, or in terrorist activities. Buyer shall cooperate fully with Seller in any official or unofficial audit or inspection related to applicable export or import control laws or regulations, and shall indemnify and hold Seller harmless from, or in connection with, any violation of this Section by Buyer or its employees, consultants, agents and/or representatives.

13. SUPPORT PLAN TERMS AND CONDITIONS.

A. General. In the event Buyer purchases a Support Plan from Seller under this Agreement, Seller agrees to maintain and/or repair those Products or instruments identified on the face hereof as covered under a Support Plan ("Covered Equipment") in a manner consistent with the specifications and entitlements included in the purchased Support Plan as specified by Seller on the face hereof, which may include various levels of service at the Buyer's site(s) and/or Seller's Depot Repair locations and are purchased separate from the original Product Warranty above (the "Support Service(s)").

The Support Services will only be valid for Covered Equipment within the Region covered by the Plan (e.g. 48 contiguous U.S.), Monday through Friday (excluding Seller's holidays) during the hours of 8:00 a.m. to 5:00 p.m. local standard time ("Normal Hours") during the term of the Agreement. The Covered Equipment must be operated according to the manufacturer's supplied instructions, including without limitation the Operator's Manual(s) and any malfunction must be promptly reported to Seller. Support Service calls requested outside of Normal Hours or for any non-Covered Equipment or for services not included in the Support Plan will be billed at Seller's standard rates for Technical Support in effect at the time of Buyer's request. Seller reserves the exclusive right to determine the assignment of its employees in the performance of Support Services.

B. Term. (a) The Support Plan will begin and remain effective for the period of time stated on the face hereof ("Term"). To renew the Support Plan, Buyer must sign a Renewal Service Agreement accompanied by a purchase order prior to the expiration of the current Term ("Renewal"), which shall also be subject to the terms and conditions of this Agreement. Either party may terminate a Support Plan for any/no reason by providing at least thirty (30) days written notice to the other party. Seller will use commercially reasonable efforts to stop work and to incur no additional expenses. Regardless, if a Support Plan is cancelled, Seller will charge Buyer for the total price of Services actually performed and expenses actually and reasonably incurred in servicing the covered equipment under the underlying Support Plan from its effective date until the cancellation date or the prorated price of the underlying Support Plan from its effective date until the cancellation date, whichever is greater, plus fifteen percent (15%) of the total fee paid for the underlying Support Plan. In the event Buyer prepaid the Support Plan fees in full and a credit balance exists for the underlying Support Plan, Seller will provide a credit or refund the amount remaining to Buyer.

C. Pricing and Pricing Assumptions. Except as otherwise agreed in writing, the annual charge for each Renewal will be Thermo Fisher's standard support plan rates in effect at the start of the Renewal. All Support Plan pricing is based on the assumption that the Covered Equipment operates in accordance with product specifications as of the coverage start date; therefore, prior to the start of each Term and Renewal, Seller reserves the right to verify and correct the condition of the Covered Equipment and invoice Buyer at Seller's current billable rates for any Support Services deemed reasonably necessary to bring the Covered Equipment into good operating condition. Notwithstanding the above, Seller agrees to waive its right to bill the Buyer for bringing the Covered Equipment into good operating condition if there is no lapse between the end date of the current Support Plan Term and the beginning of any Renewal.

D. Parts and Consumables: The Support Plan level defines when and if the cost of parts is included under the Support Plan. Notwithstanding the foregoing, the cost for parts that are consumed in the normal and usual operation of the Covered Equipment including, but not limited to, sample preparation and analysis, consumables, paper, ink cartridges, ribbons, pens, lamps and/or data media are not covered under any Support Plan.

E. Key Operator: Buyer will designate a key operator of Covered Equipment who can describe instrument malfunctions to Seller's service representatives by telephone and who is qualified to perform simple adjustments and corrections to the Covered Equipment as requested by Seller's service representatives. Buyer's failure to designate a key operator or to perform or to have an authorized representative perform the routine maintenance specified in the Covered Equipment's instructions or Owner's Manual may result, at Seller's option, in Buyer being invoiced at Seller's standard Technical Support rates to provide such non-covered services.

F. Equipment Modification: Seller reserves the right to make any changes in the design or construction of Seller's Products without incurring any obligation to make any updates or changes whatsoever in the Covered Equipment under the Support Plan. Buyer agrees to allow Seller, at its expense and option, to make retrofits or design changes which improve product reliability, but do not change its performance characteristics. Any Buyer requests to modify or add devices or accessories to Covered Equipment that are not manufactured by Seller are outside the scope of the Support Plans and covered Support Services.

G. Support Services Warranty: Seller's sole obligation under any Support Plan is to provide the Support Services in a workmanlike manner in accordance with the entitlements of the Support Plan purchased by Buyer hereunder. SELLER MAKES NO OTHER WARRANTIES FOR SUPPORT SERVICES PROVIDED UNDER A SUPPORT PLAN, EXPRESS OR IMPLIED, AND DISCLAIMS ALL

WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY OTHER OBLIGATIONS OR LIABILITIES WHETHER IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHERWISE.

H. Support Plan Exclusions: The following occurrences are not covered by any Support Plan purchased by Buyer from Seller under this Agreement:
(a) Covered Equipment malfunctions caused by any of the following abnormal conditions; and if Seller performs Support Services as a result thereof, Seller will invoice Buyer at Seller's standard billable rates for service, travel or move, labor and parts: (i) Shipping damage incurred en route to Buyer's site or any subsequent transport thereafter; (ii) Force Majeure events, including for example, floods, lightning, earthquake, tornado, hurricane or fire, bombing, terrorism, armed conflict, malicious mischief, sabotage or other such natural or manmade disasters; (iii) Physical abuse, misuse, sprinkler damage, electrical surge or abnormal power variation; (iv) Repairs, maintenance, or modifications made by anyone other than Seller's trained personnel or without Seller's supervision and/or approval; and (v) Relocation and reinstallation of Covered Equipment are not covered under the Support Plan; however, upon request Seller, will supervise the removing, crating, relocation and reinstallation of its products at Seller's standard billable rates for service, travel or move, labor and parts. (b) Maintenance or replacement of media (i.e., floppy disks, printer supplies, etc.) whatever the reason for loss, failure or damage; (c) Servicing of material or instruments manufactured by anyone other than Seller, including third-party material or instruments purchased for engineering specials; (d) Beta-site support;
(e) Service calls made to train operators; and/or
(f) Service calls made as a result of Buyer-identified areas of responsibility, i.e. malfunctions related to Buyer's site conditions, utilities and/or facilities (power, water, temperature, humidity, Thermo Electron North America LLC
1400 Northpoint Pkwy Ste 50
West Palm Beach, FL 33407-1976

vibration, dust, etc.) or site computer/data network problems or integrity.

I. Buyer Responsibilities: Buyer will give Seller's personnel reasonable access to the Covered Equipment whenever Support Service is required. Buyer will cooperate with Seller's personnel so that Support Services can be performed efficiently and without interruption. Buyer will permit Seller to use of Buyer's equipment, including Covered Equipment, that Seller's personnel deem necessary to perform the Support Services. Buyer is solely responsible for the procurement, installation, maintenance and fees associated with all third party communication equipment and media as needed for the performance of Support Service under the Support Plan including, but not limited to, telephone and equipment for remote transmission of data.

14. INSURANCE. For the Term of a Support Plan and/or for the provision of on-site Services purchased hereunder, as applicable, Seller agrees to maintain and carry liability insurance in amounts set forth below with insurance companies rated B+ or better by "BEST" rating services. Insurance includes (a) commercial general liability insurance for a limit of US$2,000,000 (two million) for each occurrence and US$4,000,000 (four million) in the aggregate, (b) Statutory workers' compensation and employer's liability insurance for a limit of US$1,000,000 (one million), (c) Automobile liability of US$2,000,000 (two million) and (d) Umbrella coverage of US$5,000,000 (five million). No policy will include a waiver of subrogation. Upon request from Buyer related to applicable Services, Seller will provide to Buyer a certificate of insurance using the standard ACORD form to evidence the insurance coverage required herein.

15. MEDICARE/MEDICAID REPORTING REQUIREMENTS. If Buyer is a recipient of Medicare/Medicaid funds, Buyer acknowledges that it has been informed of and agrees to fully and accurately account for, and report on its applicable cost report, the total value of any discount, rebate or other compensation paid hereunder in a way that complies with all applicable federal, state and local laws and regulations which establish 'Safe Harbor” for discounts. Buyer may make written request for additional information from Seller as needed to satisfy Buyer's reporting requirements. Buyer acknowledges that agreement to such reporting requirement was a condition precedent to Seller's agreement to provide Products and that Seller would not have entered into this Agreement had Buyer not agreed to comply with such obligations.

16. MISCELLANEOUS. (a) Buyer may not delegate any duties or assign any rights or claims hereunder without Seller's prior written consent, and any such attempted delegation or assignment shall be void. (b) The rights and obligations of the parties hereunder shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A. without reference to its choice of law provisions. Each party hereby irrevocably consents to the exclusive jurisdiction of the state and federal courts located in the County of Suffolk, Massachusetts U.S.A. for any action arising out of or relating to this Agreement. Each party hereby waives any other venue to which it may be entitled by domicile or otherwise. (c) In the event of any legal proceeding between the Seller and Buyer relating to this Agreement, neither party may claim the right to a trial by jury, and both parties waive any right they may have under applicable law or otherwise to a right to a trial by jury. Any action arising under this Agreement must be brought within one (1) year from the date that the cause of action arose. (d) In the event that any one or more provisions contained herein shall be held by a court of competent jurisdiction to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained herein shall remain in full force and effect, unless the revision materially changes the bargain. (e) Seller's failure to enforce, or Seller's waiver of a breach of, any provision contained herein shall not constitute a waiver of any other breach or of such provision. (f) Unless otherwise expressly stated on the Product or in the documentation accompanying the Product, software and/or Services, they are not approved medical devices and are intended by Seller to be for "Research Use Only" as defined by the U.S. Food and Drug Administration regulations and is not to be used for any illegal or unapproved regulatory purposes, including without limitation, in vitro diagnostic uses, ex vivo or in vivo therapeutic uses, or any type of consumption by or application to humans or animals. (g) Seller agrees not to knowingly disclose any confidential information or data obtained by it during the performance of Services when such information or data is clearly identified in writing by Buyer as confidential. Buyer agrees that all pricing, discounts and technical information that Seller provides to Buyer are the confidential and proprietary information of Seller. The parties agree to keep such information confidential and not disclose each other's confidential information to any third party for one (1) year hereafter, and to use such information solely for Buyer's internal purposes and in connection with the Products supplied hereunder.

Nothing herein shall restrict the use of information available to the general public. (h) Any notice or communication required or permitted hereunder must be in writing and shall be deemed received when personally delivered, upon delivery by any internationally recognized carrier such as Federal Express or similar overnight delivery service, or three (3) business days after being sent by certified mail, postage prepaid, to a party at the address specified herein or at such other address as either party may from time to time designate to the other. (i) Seller may, in its sole discretion, provide (I) applicable Product training to Buyer or its employees, or (II) samples of Products to Buyer for distribution to patients of Buyer. Buyer agrees to distribute any such samples to patients for patient use or, if not so distributed, to return them to Seller. Buyer may not use the samples to provide care to patients and must not bill any patients or third party payers when Buyer dispenses the samples. (j) Seller hereby rejects and disclaims any rights of Buyer contained, or obligations imposed upon Seller, in any document provided, referenced or otherwise submitted by Buyer, in each case, that Seller has not expressly included in this Agreement or a writing manually executed by Seller (including, without limitation, any rights of Buyer in respect of designs, specifications, source code or intellectual property, owned, created, developed or licensed, by Seller; any rights to items or services not specifically identified in Seller's quotation; any audit rights or financial offset rights of Buyer; any penalties or liquidated damages imposed upon Seller; any obligation by Seller to comply with Health Insurance Portability and Accountability Act of 1996 (as amended), Current Good Manufacturing Practice regulations (as amended), the requirements, as amended, of the Customs-Trade Partnership Against Terrorism or any code of conduct, quality program, information security program, background or drug screening program or other guidelines, programs or policies, in each case, promulgated or required by Buyer; any obligation that Seller comply with any law that, under law, would not otherwise apply to Seller in respect of the transaction(s) contemplated hereby; any right of Buyer to withhold all, or any portion, of the purchase price of any products or services provided hereunder for any period of time; any right of Buyer, itself or through any third party, to remediate any defects in, replace or re-perform, any products or services provided hereunder at Seller's cost or expense; any obligation of Seller to waive, or require its insurers to waive, any rights of subrogation; any obligation of Seller that would impair, restrict or prohibit Seller's ability to freely conduct any business with any person or in any geography or market; any early-payment, or other, discount; any obligation of Seller to maintain a supply of spares, or otherwise make any services available, for any particular period of time; any representation, warranty or other obligation of Seller to provide pricing comparable to, or more favorable than, the pricing that Seller provides to others; any restriction of, or prohibition on, Seller's ability to modify, change or discontinue any of its products, processes or services; or any waiver by Seller of any right to enforce any of the terms hereof).

BUYER SELLER
By: _______________ By: _______________
Print Name: _______________ Print Name: _______________ Print Title: _______________ Print Title: _______________ Date: _______________ Date: _______________
____ Initial here to indicate Buyer's agreement to automatically apply the Terms and Conditions of Sale for Products and Service to all future orders of Products and Services from Seller, whether or not the Agreement is referenced on Seller's quote or Buyer's Purchase Orders, for _______ (write # of years) from later date of the parties' signature, or until either party provides written notice that this Agreement is terminated.

Thermo Electron North America LLC
1400 Northpoint Pkwy Ste 50
West Palm Beach, FL 33407-1976

Equipment Location Summary
Material Serial no. Your Ref. Description
842310063181 20101914 iCAP 6300 Duo View ICP-OES Spectrome Our record location: Actual location, if different:

CITY OF PORTERVILLE
1265 WEST GRAND AVENUE

PORTERVILLE CAUS
93257
Your Service Contact:

Please indicate changes as necessary and fax to: 877-867-8945 Thermo Electron North America LLC
1400 Northpoint Pkwy Ste 50
West Palm Beach, FL 33407-1976

Item No. 9.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Renewal of Airport Lease Agreement - Lot No. 46B SOURCE: Finance
COMMENT: Mike Quatacker and Debbie Quatacker are the current leaseholders of Lot No. 46B at the Porterville Municipal Airport. The current lease expires on July 31, 2022. The City has received a request from Debbie Quatacker dated May 4, 2022, to renew the lease for a period of ten (10) years. The lot is approximately 3,080 square feet in area and will rent for a rate of $0.358 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2023 and each January 1 thereafter. The lease will begin on August 1, 2022 and expire on July 31, 2032. The hangar will be utilized for the parking, storage and maintenance of aircraft.

RECOMMENDATION: That the City Council approve the renewal of the Lease Agreement between the City and Mike Quatacker and Debbie Quatacker for Lot No. 46B at the Porterville Municipal Airport for a term of ten (10) years.

ATTACHMENTS: 1. Lease Agreement

2. Letter of Request dated May 4, 2022

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager

Item No. 10.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Renewal of Airport Lease Agreement and Consent to Sublet - Lot No. 9 SOURCE: Finance
COMMENT: Arrow Falcon Exporters, Inc. is the current leaseholder of Lot No. 9 at the Porterville Municipal Airport. The lease expires on September 30, 2022. The City has received a request from Betty Jo Symonds, Vice President of Arrow Falcon Exporters, Inc., dated April 13, 2022, to renew the lease for an additional two years. The lot is approximately 22,500 square feet in area and will rent for a rate of $0.155 per square foot per year, with an annual adjustment according to the change in the Consumer Price Index, beginning on January 1, 2023 and each January 1 thereafter. The lease will begin on October 1, 2022 and expire on September 30, 2024.

Additionally, Arrow Falcon Exporters, Inc. is requesting the City's consent to sublet the hangar on Lot No. 9 to Burton School District, beginning on July 1, 2022 and expiring on June 30, 2024 for the temporary storage of its buses, supplies, maintenance and the use of the office space for their business operations. At this time, Burton School District will not use the hangar for charter services or to store an aircraft or any aviation use.

As an airport operator that has accepted federal grants, the City must comply with Federal Aviation Administration (FAA) policies including the requirement that airport property be available for aeronautical use. When an airport has unused hangars and low aviation demand, a sponsor can request FAA approval for interim non-aeronautical use of hangars, until demand exists for those hangars for an aeronautical purpose. Currently, there is low aviation demand for hangars at the Porterville Municipal Airport and staff is seeking FAA approval for an interim use of the hangar on Lot No. 9 for non-aeronautical purpose.

RECOMMENDATION: That the City Council:

1. Approve the renewal of the Lease Agreement between the City and Arrow Falcon Exporters, Inc. for Lot No. 9 at the Porterville Municipal Airport for a term of two years;

2. Authorize the Lessee, Arrow Falcon Exporters, Inc., to sublet airport hangar on Lot No. 9 at the Porterville Municipal Airport to Burton School District beginning on July 1, 2022 and expiring on June 30, 2024; and

3. Authorize the Mayor to sign the City's Consent to Sublet Airport Hangar Lot No. 9 on behalf of the City.

Item No. 10.

ATTACHMENTS: 1. Draft Lease Agreement

2. Draft City Consent to Sublet

3. Letter of Request - April 13, 2022

4. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Final Approver: John Lollis, City Manager
1 LEASE AGREEMENT

PORTERVILLE MUNICIPAL AIRPORT
THIS LEASE AGREEMENT (“Lease”), executed at Porterville, California the first day of October, 2022, by and between the CITY OF PORTERVILLE, a charter city and municipal corporation of the State of California, hereinafter referred to as “City” and Arrow Falcon Exporters, Inc., hereinafter referred to as “Lessee.”
WHEREAS, City owns and operates an airport in the City of Porterville, State of California, commonly known and described as “Porterville Municipal Airport”; and WHEREAS, Lessee desires to lease a portion of said airport for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto; and
WHEREAS, it is the desire of City to utilize said airport for the general public by its development and use in providing aeronautical-related facilities and service.

NOW, THEREFORE, IT IS MUTUALLY AGREED as follows:

1. Premises: City, for and in consideration of the covenants, conditions, agreements, and stipulations herein set forth, does hereby demise and lease to Lessee, and Lessee hereby hires from City, those certain premises situated in the City of Porterville, State of California, described as Lot 9 at the Porterville Municipal Airport, more particularly described in Exhibit A being attached hereto and by this reference made a part hereof.

2. Term: The term of this Lease shall commence on October 1 2022, both parties having executed the same, and shall terminate on September 30, 2024, provided Lessee is not in default with respect to any of the conditions or covenants of this lease. Notwithstanding the stated term of the Lease, the City may terminate this Lease at its pleasure and repossess the premises therein described upon three months' notice thereof and upon paying to the lessee the market value of any improvements made or put upon said premises by the lessee. The market value of such improvements shall be determined by a board of appraisers consisting of one appraiser appointed by the council, and a lessee 2 appraiser appointed by the lessee. The parties will follow Charter Section 68 concerning the determination of the value of the improvements.

3. Rental and Business Privilege Consideration: Lessee agrees to pay to City in lawful money of the United States without deductions or offset, to the Finance Director, City of Porterville, 291 N. Main Street, Porterville, California, 93257, or to such person or persons and at such place or places as may be designated from time to time by City, a rental rate of $0.155 per square foot per year.

Inasmuch as the lease site (See Exhibit “A” attached) contains approximately 22,500 square feet of land area, said rental rate will be $3,487.50 annually, or $290.63 per month, payable in advance.

Beginning January 1, 2023, and each January 1 thereafter for the term of this Lease, the rate shall be adjusted by a percentage equal to the annual percentage increase or decrease in the Consumer Price Index (CPI). The CPI used shall be a twelve (12) month average of the San Francisco CPI and the Los Angeles CPI as published for October of the prior year. The CPI index will be “All Urban Consumers.”

4. Purpose: This Lease is made for the purpose of operating an existing aircraft hangar to be used for the parking and storage of aircraft and other activities incidental thereto. Lessee shall not use the premises or any part thereof or permit them to be used for any purpose or purposes other than stated above. The City reserves the right to conduct on-site inspections for the purpose of compliance with Building Code, Fire Code, and Zoning Ordinance. Lessee shall not do or permit any act or thing to be done upon the premises which constitutes a nuisance or which may disturb the quiet enjoyment of City or any tenant of City on adjacent neighboring property.

Lessee further agrees that, within 72 hours from receiving written notice by the City that a nuisance exists, to abate or otherwise cause said nuisance to be cured.

In the event Lessee has not (a) taken corrective action within 72 hours, or (b) filed an appeal with the City Council, City of Porterville, within 72 hours, then City may enter and abate said nuisance at the expense of Lessee without any liability whatsoever to City for monetary loss or anticipated profits of Lessee or others.

Said appeal to the City Council must be made in writing and be received by the City 3 Clerk, 291 N. Main Street, Porterville, California, 93257, within 72 hours after Lessee received notice of said nuisance.

5. Right of Ingress and Egress: Lessee shall have the right-of-way to property owned and controlled by City for ingress thereto and egress therefrom for pedestrian, vehicular, and air travel, together with the right to use in common with other Lessee or licensees of City the airplane landing field adjacent to the demised premises. None of these rights are exclusive, but shall be exercised in common with and subject to possible similar rights of other users of said airport. All of the foregoing is subject to such reasonable rules and regulations as the City or its authorized agents may make from time to time. Such rules and regulations, however, shall be reasonable and shall not conflict in any way with similar rules and regulations adopted from time to time by the Federal Aviation Administration or its successor.

6. Condition of Premises: Lessee has inspected the demised premises and knows the extent and condition thereof and accepts same in its present condition, subject to and including all defects, latent and/or patent.

7. Alteration: Lessee shall make no structural modifications to existing structures or make permanent improvements or additions in or on the demised premises without the written consent of the City Airport Manager first being obtained.

8. Maintenance: Lessee agrees to keep the improvements in a good state of repair by periodic maintenance and painting as the same are required and to keep the grounds of Lessee in a good state of maintenance and repair. During the term of this Lease, the City Airport Manager shall have the right to notify Lessee in writing wherein Lessee has failed to maintain said structure and improvements in a good state of repair. Lessee shall make such corrections in the time and manner prescribed by said Airport Manager, or in the event Lessee disagrees, Lessee shall have the right to appeal within fifteen (15) days from date of notice from said Airport Manager to the City Council concerning the request for maintenance made to Lessee by said Airport Manager; it being understood and agreed that the decision of the City Council shall be final.

9. Utilities: Lessee agrees to pay during the term of the Lease, or any holding over, any 4 and all utilities utilized by it to said demised premises. The term “utilities” as used herein shall include, but is not limited to, telephone, electrical, water , sewer, gas, janitorial, heating, cooling, and trash and refuse disposal service.

10. Utility Extension or Modification: Lessee shall pay any and all expenses that may be incurred in obtaining the extension of public utility services to the demised premises from existing utility facilities or any modifications of same.

11. Taxes and Assessments: Lessee understands that the Lease of the premises creates a possessory interest subject to taxation by the County of Tulare. Lessee agrees to pay all taxes and /or assessments levied by any governmental agency upon any interest acquired by Lessee under the terms of this Lease.

12. Compliance with Law: Lessee shall, at its expense, promptly comply with any and all laws, ordinances, rules, regulations, requirements, and order whatever, present or future, of the national, state, county or city government which may in any way apply to the use, maintenance or occupation of, or operations on the premises.

13. Liens and Encumbrances: Lessee shall keep the premises and all structures and improvements situated thereon free from any liens or encumbrances arising out of any work performed, material furnished, or obligations incurred by Lessee, or from any other cause.

14. Negation of Partnership: City shall not become or be deemed a partner or joint venturer with Lessee or associate in any relationship with Lessee’s operations thereon. City reserves all rights in and with respect to the premises, not inconsistent with Lessee’s use of the premises as in this Lease provided, including (without limiting the generality of the foregoing) the right of City to enter upon the premises for the purpose of installing, using, maintaining, renewing, and replacing such underground oil, gas, water, sewer, and other pipelines, and such underground or aboveground telephone, telegraph, and electric power conduits or lines as City may deem desirable in connection with the development or use of any other property in the neighborhood of the premises. City shall compensate Lessee for any and all damage to Lessee’s improvement and personal property caused by the exercise of the rights reserved in this paragraph.

15. Indemnification: Lessee agrees to indemnify, defend (upon request by the City) and 5 save harmless the City, its agents, officers, and employees, and each of them, from any and all losses, costs, expenses, claims, liabilities, action, or damages, including liability for injuries to person or persons, or damage to property of third persons arising out of or in any way connected with (a) the conducting or operation of Lessee’s business on the demised premises during the term of the Lease or any holding over, or (b) the construction or the removal of any facilities or improvements on the demised premises during the term of this Lease or any holding over.

16. Liability Insurance: Lessee, in order to protect the City, its agents, officers, and employees against all claims and liability for death, injury, loss, and damage as a result of Lessee’s (a) use and operations on the demised premises or in connection therewith, or (b) construction or removal of any improvements on the demised premises or in connection therewith, shall name the City as additional insured on Lessee’s aircraft insurance policy or policies in the amount of not less than TWO MILLION DOLLARS ($2,000,000). Coverage shall include General Liability combined Bodily Injury and Property Damage, Single Limits and Aggregate, with a reliable insurance carrier authorized to do such public liability and property damage insurance business in the State of California. Said insurance shall not be subject to cancellation or coverage reduction without thirty (30) days prior written notice to City. Within (10) days from the date of this Lease, Lessee shall file with the City Clerk, City of Porterville, a duly certified Certificate of Insurance evidencing that the herein above mentioned public liability and property damage provisions have been complied with, and setting forth that City, its agents, officers, and employees are named as additional insured. In the event that Lessee shall fail to take out and keep in effect such policy or to furnish evidence thereof to City, City may, at City’s option, procure the same, pay the premium thereof and collect same with the next payment of rental due from Lessee or immediately terminate this Lease. The limits of insurance coverage set forth herein may be reviewed by City each January and may be adjusted at such reviews in order to protect the interests of the City.

17. Nondiscrimination: Lessee for itself, its heirs, personal representatives, successors in interest and assigns as part of the consideration hereof does hereby covenant and agree that (1) no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation, denied the benefits of, or be otherwise subjected 6 to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, ancestry, disability, gender, age, religion, sexual orientation or national origin shall be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination; (3) that Lessee shall use the premises in compliance with other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally - Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations and/or services on a fair, equal and not unjustly discriminatory basis to all users thereof and it shall charge a fair, reasonable and not unjustly discriminatory price for each unit or service; provided that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or similar type of price reductions to volume purchasers.

In the event of breach of any of the above nondiscriminatory covenants, City shall have the right to terminate this Lease and to re-enter and repossess the demised premises and the facilities thereon and hold the same as if the Lease had never been made or issued.

Lessee agrees that it shall insert the above nondiscrimination provisions in any sublease or other agreement by which Lessee grants a right or privilege to any person, firm, or corporation to render accommodations and/or services to the public on the premises herein leased.

18. Improvement of Land Area: City reserves the right to further develop or improve the landing area of the airport as it sees fit regardless of the desires or views of Lessee and without interference or hindrance.

19. Maintenance of Landing Area: City reserves the right to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard; providing further, City shall keep and maintain in a safe and operable condition the taxiways, runways (including the lighting thereof) and roadways on the airport during such hours and to such extent as City may determine is reasonably required for the operation of the airport.

20. Lease Subordinate to Agreements with the United States Government:
7 This Lease shall be subordinate to the provisions and requirements of any existing or future agreement between the City and the United States relative to the development, operation or maintenance of the airport.

21. Non-Exclusive Right: It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 (a) of the Federal Aviation Act of 1958. (49 U.S.C. 1349).

22. Rights of United States Government: This Lease and all the provisions hereof shall be subject to whatever right the United States Government now has or in the future may have or acquire, affecting the control, operation, regulation, or taking over of said airport.

23. Notices: All notices herein provided to be given, or which may be given, by either party to the other shall be deemed to have been fully given when made in writing and deposited with the United States Postal Service, Registered or Certified, postage prepaid and addressed as follows:

To the Lessee: Arrow Falcon Exporters, Inc.
2081 South Wildcat Way
Porterville, CA 93257
To the City: Airport Manager
City of Porterville
291 N. Main Street
Porterville, CA 93257
The address to which the notices shall be or may be mailed, as aforesaid, to either party shall or may be changed by written notice given by such party to the other, as hereinbefore provided, but nothing herein contained shall preclude the giving of any such notice by personal service.

24. Authorized Agent of the City: The Airport Manager of the City of Porterville is the duly authorized agent of the City for purposes of this Lease; and as to any obligations assumed herein by Lessee, they shall be performed to the satisfaction of said Airport Manager.

25. Assignment and Subletting: This Lease shall be binding upon and shall inure to the benefit of the heirs, administrators, executors, successors, and assigns of the respective parties hereto. Lessee shall not, and Lessee herewith agrees that it will not, sublet the premises, or any part 8 thereof or assign, transfer, mortgage, or otherwise convey the premises or its rights and interest hereunder without the prior written consent of the City. In the event the Lessee shall sublet, assign, transfer, mortgage, or otherwise convey the premises or it rights and interest hereunder, or any part thereof, or attempt to do so in violation to the foregoing provision, then in addition to any and all other rights and remedies available to it, the City may, at its option by written notice to Lessee, either declare such sublease, assignment, transfer, mortgage or other conveyance void or terminate this Lease and all rights and interest of Lessee and all other persons hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a transfer, mortgage, or conveyance. This clause shall not be construed to limit right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

26. Hypothecation: Lessee may, with the consent of the City, give, assign, transfer, mortgage, hypothecate, grant control of, or encumber Lessee’s interest under this Lease and the leasehold estate so created to a bona-fide lender on the security of the leasehold estate. Any such bona-fide lender shall have the right at any time during the term of the loan and while this Lease is in full force and effect:
(a) To do any act or thing required of Lessee in order to prevent a forfeiture of Lessee’s rights hereunder, and all such acts or things so done shall be as effective to prevent a forfeiture of Lessee’s rights hereunder by Lessee.
(b) To succeed to the interest of Lessee hereunder and thereafter at such lender’s option to convey, assign or sublease the interest or title to said leasehold estate to another person acceptable to City, subject to all the terms, conditions, and covenants of this Lease. Two (2) copies of any and all security devices or instruments shall be filed with City’s Airport Manager prior to the effective date thereof, and Lessee shall give Airport Manager prior written notice of any changes or amendments thereto.

Any bona-fide lender shall have the right, if so permitted by the terms and conditions of the concerned instrument of hypothecation between lender and Lessee, to remove any or all of Lessee’s improvements under said hypothecation from the demised premises, subject only to the restriction that in the event of such removal, the demised premises herein above described be restored by Lessee 9 to a condition satisfactory to the City’s Airport Manager, and that said removal be done in a manner and at a time satisfactory with said Airport Manager.

27. Breach by Lessee: In the event of the breach by Lessee of any term, condition, or agreement herein contained, and the failure to cure such breach within thirty (30) days after written notice has been given to Lessee by City, this Lease and all privileges herein granted shall be terminated and be of no other force or effect, and Lessee shall immediately surrender possession of the premises hereby granted, and in the event City has to resort to legal action to enforce any provision hereof, or to obtain restitution hereunder, the Lessee shall pay all costs and expenses, including attorney’s fees of such action. Providing further, that in the event Lessee breaches this Lease and abandons the demised premises before the end of the term, or if Lessee’s right to possession is terminated by City because of a breach of this Lease, City shall have the right to recover from Lessee, as provided in State of California Civil Code Section 1951.2. Damages City may recover shall include the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss for the same period that the Lessee proves could be reasonably avoided. This clause shall not be construed to limit any right or remedy which City may become entitled to by reason of the action(s) or failure(s) to act of Lessee.

28. Waiver of Breach: The waiver by City of any breach by Lessee of any provision contained herein shall not be deemed to be a waiver of such provision, or a waiver of any breach of any other provision contained herein.

29. Bankruptcy: In the event the (a) Lessee shall file a voluntary petition in bankruptcy proceeding; (b) any voluntary or involuntary proceeding for the reorganization of Lessee shall be instituted by anyone other than the City under any of the provisions of the bankruptcy laws of the United States; or (c) a receiver or judicial trustee or custodian shall be appointed for Lessee, or any alien or any writ of attachment, garnishment, execution, or distraint shall be levied upon any of Lessee’s rights or interest under this Lease; or (d) there shall be any other assignment of any of Lessee’s rights or interest under this Lease by operation of law, then in addition to any and all other rights and remedies available to it, City may, at its option by written notice to Lessee, terminate this Lease and all rights and interest of Lessee and all other persons under this Lease. The term “Lessee,” 10 as used in this paragraph, includes any individual, partnership, or corporation who is a Lessee hereunder, even though several individuals, partnerships, or corporations are such, and includes each partner of any partnership who is a Lessee hereunder. Any consent by City to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or construed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance.

30. Quiet Possession: Notwithstanding any other provision in this Lease, City covenants that Lessee, on paying the rent and performing the covenants herein contained, shall and may peaceably and quietly have and enjoy the demised premises for the term hereof.

31. Surrender of Premises: On the last day of said term, or extension thereof, or sooner termination of the Lease, Lessee will peaceably and quietly leave, surrender, and yield up to the City the demised premises in as good condition and repair as at the commencement of Lessee’s occupancy, reasonable use and wear thereof, and damage by earthquake, public calamity, by the elements, by acts of God, or by fire or other circumstances over which Lessee has no control, excepted.

32. Removal of Improvement at Termination: Upon the termination of this Lease, or any holding over, for any reason other than Lessee’s failure to perform its obligations under the terms and conditions of this Lease, Lessee shall have the right at Lessee’s sole cost and expense, to remove all improvements and/or furniture, furnishings, equipment, and fixtures of whatsoever kind or nature placed of the demised premises by Lessee or its contractors so long as they could be removed without damage or disfigurement to the demised premises. Full restoration of the demised premises as it existed prior to the construction of said improvements or the installation of said furniture, furnishings, equipment, and fixtures shall be made by Lessee. If after the termination of this Lease Lessee has not removed said improvements, furniture, furnishings, equipment, and fixtures, the City shall have the option to claim the ownership thereof or to remove same and restore the demised premises as set forth above at the expense of Lessee. Said expense shall also include consideration for the additional time Lessee or its improvements occupy the premises beyond the termination date and disallow the City’s total utilization of the premises pursuant to its ownership of the property.

In the event of a termination by City of this Lease because of Lessee’s failure to faithfully perform the terms and conditions of this Lease, the City may accept cash or other satisfactory security 11 for the amount of its costs, expense, loss and damage accruing from Lessee’s failure to perform and thereupon the Lessee shall have the right to remove the said improvements.

33. Incorporation of Prior Agreements and Amendments: This Lease contains all agreements of the parties with respect to any matter mentioned herein. No prior agreement or understanding pertaining to any such matter shall be effective. This Lease may be modified in writing only, signed by the parties in interest at the time of modification.

34. Severability: The invalidity of any provision of this Lease as determined by a Court of competent jurisdiction shall in no way affect the validity of any other provision hereof.

35. Construed Pursuant to California Law: The parties hereto agree that the provisions of this Lease will be construed pursuant to the laws of the State of California.

36. Venue: If either Lessee or City initiates an action to enforce the terms hereof or declare rights hereunder, including actions on any bonds and/or surety agreements, the parties agree that the venue thereof shall be the County of Tulare, State of California. Lessee hereby waives any rights he might have to remove any such action pursuant to California Code of Civil Procedure Section 394.

37. Covenants and Conditions: Each provision of this Lease performable by Lessee shall be deemed both a covenant and a condition.

38. Captions: The use of Paragraph headings in this Lease is solely for convenience, and they shall be wholly disregarded in the construction of this Lease.

39. Time of Essence: Time is hereby expressly declared to be the essence of this Lease and of each and every provision thereof, and each such provision is hereby made and declared to be a material, necessary, and essential part of this Lease.

IN WITNESS WHEREOF, the parties hereto have executed this Lease on the day and year first herein above written.
12 CITY OF PORTERVILLE LESSEE
By: ___________________________________ By: ________________________________ Martha A. Flores, Mayor Betty Jo Symonds, Vice President Arrow Falcon Exporters, Inc.

ATTEST:

By: ___________________________________
John D. Lollis, City Clerk
APPROVED AS TO FORM:

By: ___________________________________
Julia M. Lew, City Attorney

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 9

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 9, hereby consents to the request dated April 13, 2022, made by the Lessee, Arrow Falcon Exporters, Inc., to sublet said airport hangar lot to Burton School District, commencing on July 1, 2022 and terminating on June 30, 2024, for the temporary storage of their buses, supplies, maintenance and the use of the office space for their business operations.

Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 6
th day of June, 2022.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

Item No. 11.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Consent to Sublet - Lot No. 10
SOURCE: Finance
COMMENT: Arrow Falcon Exporters, Inc. is the current leaseholder of Lot No. 10 at the Porterville Municipal Airport. The City has received a request from Betty Jo Symonds, Vice President of Arrow Falcon Exporters, Inc., dated April 13, 2022, requesting the City's consent to sublet its hangar on Lot No. 10 to Burton School District, beginning on July 1, 2022 and expiring on June 30, 2024 for the temporary storage of buses, supplies, maintenance and the use of office space for its business operations. At this time, Burton School District will not use the hangar for charter services or to store an aircraft or any aviation use.

As an airport operator that has accepted federal grants, the City must comply with Federal Aviation Administration (FAA) policies including the requirement that airport property be available for aeronautical use. When an airport has unused hangars and low aviation demand, a sponsor can request FAA approval for interim non-aeronautical use of hangars, until demand exists for those hangars for an aeronautical purpose. Currently, there is low aviation demand for hangars at the Porterville Municipal Airport and staff is seeking FAA approval for an interim use of the hangar on Lot No. 10 for non-aeronautical purpose.

RECOMMENDATION: That the City Council:

1. Authorize the Lessee, Arrow Falcon Exporters, Inc. to sublet airport hangar on Lot No. 10 at the Porterville Municipal Airport to Burton School District beginning on July 1, 2022 and expiring on June 30, 2024; and

2. Authorize the Mayor to sign the Lessor's Consent to Sublet Airport Hangar Lot No. 10 on behalf of the City.

ATTACHMENTS: 1. Letter of Request Lot No. 10

2. City Consent to Sublet Lot No. 10

3. Locator Map
Appropriated/Funded:

Review By:

Department Director:

Maria Bemis, Finance Director
Item No. 11.

Final Approver: John Lollis, City Manager
Ship to: 2081 South Wildcat Way, Porterville, CA 93257
Mail to: P.O. Box 1509, Porterville, CA 93257
Tel: 559-781-8604/Fax 559-781-9271
Email: [email protected]
Arrow Falcon – International Sales and Service
April 13, 2022
City of Porterville
291 No. Main Street
Porterville, CA 93257
Re: Assignment of Subletting
Municipal Airport Lot #10
Attn: Porterville City Council
Pursuant to Section 25 of the Porterville Municipal Airport Lease dated November 1, 1990, I am seeking authorization to sublet Municipal Airport Lot #10 to Burton School District (BSD) -Transportation Department. Per BSD, Lot#10 will be utilized for storage of buses and supplies, office space, maintenance, operation and transportation.

The sublet agreement between Arrow Falcon and BSD shall commence on July 1, 2022 through June 30, 2024, and shall be prepared upon Council approval.

Arrow Falcon’s lease agreement (Lot#10) with the City of Porterville is valid through October 31, 2030.

Sincerely,
Betty Jo Symonds
Vice President – Arrow Falcon
BJ/sld
File

LESSOR'S CONSENT TO SUBLET
AIRPORT HANGAR LOT NO. 10

AT THE PORTERVILLE MUNICIPAL AIRPORT
The City of Porterville, a municipal corporation of the State of California, being the Landlord under the Master Lease for Airport Hangar Lot No. 10, hereby consents to the request dated April 13, 2022, made by the Lessee, Arrow Falcon Exporters, Inc., to sublet said airport hangar lot to Burton School District, commencing on July 1, 2022 and terminating on June 30, 2024, for the temporary storage of their buses, supplies, maintenance and the use of the office space for their business operations.

Provided however, that there shall be no further subletting without the prior written consent of the Landlord.

Dated this 6
th day of June, 2022.

CITY OF PORTERVILLE
"LESSOR"
BY: _______________________________
Martha A. Flores

MAYOR, CITY OF PORTERVILLE
ATTEST: _______________________________
John D. Lollis, CITY CLERK
APPROVED AS TO FORM:

BY: _________________________
Julia Lew, City Attorney

Item No. 12.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: 2020 Permanent Local Housing Allocation (PLHA) RFP Funding Recommendations
SOURCE: Community Development
COMMENT: The California Department of Housing and Community Development (HCD) established the Permanent Local Housing Allocation (PLHA) program, which is funded from moneys deposited in the Building Homes and Jobs Trust Fund in accordance with SB-2 in 2019. In response to the Notice of Funding Availability (NOFA) released by HCD, the City Council approved a 5-Year PLHA Plan on July 21, 2020. The plan included funding for eligible homeless projects and programs, financial support of the navigation center, permanent supportive housing programs, rapid re-housing programs, and flexible funds to reduce financial hurdles in being housed, such as payments for deposits and initial utility expenses. Subsequently, the City of Porterville was awarded $342,754 for the first year.

HCD issued the NOFA for the second Year PLHA funding and in response, the City Council approved the second year application to be submitted to HCD as per the uses approved in the 5-Year PLHA Plan. On December 10, 2022, the City received the executed agreement for year 2 and was awarded $532,745.

On January 18, 2022, the City Council authorized staff to issue a Request for Proposal (RFP) for year 2, which was subsequently issued on January 21, 2022.

On April 19, 2022, the City Council authorized staff to reopen the RFP to seek additional proposals, since the response to the RFP was undersubscribed by $114,006.15. Additional applications were received as a result of the RFP being reopened and this resulted in a fully subscribed RFP as follows:

CATEGORY 2020 RFP

ALLOCATIONS
ROUND 1 &
2 REQUESTS
Navigation Center $133,186.25 $133,186.25
Emergency & Bridge HousingPWC $182,545.40
Emergency Housing - CCFCC
$319,647.00
$175,099.80
PSH- Casa de Robles $ 53,274.50 $ 53,274.50
Total $506,107.75 $544,105.95
Item No. 12.

Staff is presenting a recommendation for funding for the applications received by Turning Point of Central California, Inc. (TPOCC) and Central California Family Crisis Center, (CCFCC), for the Council's consideration for funding. Funding recommendations for TPOCC will provide operational support for the Porterville Welcome Center for its Navigation Center, Bridge Housing and Emergency Housing Operations and for operation support for Permanent Supportive Housing (PSH) for the Casa de Robles II project. Funding recommendations for CCFCC will provide operational support for Emergency Housing.

The RFP review committee rated and ranked the proposals received in both rounds and is recommending to fund all the applicants as follows:

CATEGORY FUNDING

RECOMMENDATIONS
Navigation Center $133,186.25
Emergency & Bridge Housing-PWC $144,547.20
Emergency Housing - CCFCC $175,099.80
PSH- Casa de Robles $ 53,274.50
Total $506,107.75
RECOMMENDATION: That the City Council:

1. Award Turning Point of Central California in the amount of $133,186.25 (25% of 2020 PLHA allocation) for the
Navigation Center and $144,547.20 (27% of PLHA 2020
allocation) for Emergency Housing and $53,274.50 (10%
of PLHA 2020 allocation) for PSH operation support.

2. Award Central California Family Crisis Center in the amount of $175,099.80 (33% of 2020 PLHA allocation).

3. Authorize the Mayor or her designee to execute all
documents pertaining to the PLHA program; and be
authorized to make any augmentation, modification,
addition or revision as may be necessary to conform to
requirements imposed by the California Department of
Housing and Community Development (HCD);

4. Authorize the Community Development Director to
execute, in the name of the City of Porterville, project drawdown requests, and all other administrative
documents required by the California Department of
Housing and Community Development
Item No. 12.

ATTACHMENTS: 1. 2020 RFP Award Recomendations

2. PLHA RFP RFP No 2122-SR1923-A- Reopend
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: Patrice Hildreth, Deputy City Manager
Total Allocation: $ 532,745.00
Allowable Admin (5%): $ 26,637.25
Total available to fund projects: $ 506,107.75
Dollar % Dollar % Dollar % Dollar %
Administration $ 26,637.25 5% $ - 0% $ - 0% $ - 0%
Navigation Center $ 133,186.25 25% $ - 0% $ 133,186.25 25% $ 133,186.25 25% Emergency Housing & Bridge
Housing
$ 319,647.00 60% $ 175,099.80 33% $ 144,574.20 27% $ 319,674.00 60% Permanent $ 53,274.50 10% $ - 0% $ 53,274.50 10% $ 53,274.50 10% TOTAL YEAR 2 PLHA
GRANT
$ 532,745.00 100% $ 175,099.80 33% $ 331,034.95 62% $ 506,134.75 95% 2020 PLHA RFP Funding Recommendation
Funding Recommendation
Category of Funding
Plan Allocation CCFCC* TPOCC Total

CITY OF PORTERVILLE, STATE OF CALIFORNIA

REQUEST FOR PROPOSAL

PERMANENT LOCAL HOUSING ALLOCATION (PLHA)
SECOND YEAR FUNDING OF 2019-2023 FIVE YEAR PLAN
RFP No. 21/22-SR1923 - A
The City of Porterville, Community Development is pleased to announce the reopening of the Permanent Local Housing Allocation (PLHA) Year 2 Request for Proposals (RFP). The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP
The PLHA RFP was originally released on January 21, 2021 and is being reopened as the original one was undersubscribed by $114,006.15. The categories that are undersubscribed are:

Navigation Center $19,735.25
Permanent Supportive Housing $18,274.50
Emergency Housing $75,996.40
New applicants are being accepted. Current respondents can submit an addendum to their application to request additional funds or submit a new application.

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website.

Questions regarding this project are due no later than Wednesday May 4, 2022. All proposals must be submitted in PDF format electronically and must be received by 4:00 p.m., Friday, May 6, 2022 to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP No. 21/22-SR1923 - A Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan”.

The City hereby affirmatively ensures that Minority Business Enterprises and Disadvantaged Business Enterprise (DBE) will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, handicap, gender, religion or sexual orientation in any consideration leading to the award of contract.

No qualified disabled person shall, on the basis of disability, be excluded from participating in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity leading to the award of contract.

The right is reserved by the City of Porterville to reject any or all proposals, to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted and to award the contract according to the proposal which best serves the interests of said City. /s/Maria Bemis, Finance Director
Publication Dates: April 23, 2022
City of Porterville RFP For Use of PLHA Funds 2 | P a g e

CITY OF PORTERVILLE

REQUEST FOR PROPOSALS FOR PERMANENT LOCAL HOUSING
ALLOCATION (PLHA) SECOND YEAR FUNDING (REOPENED) OF 2019-2023

FIVE YEAR PLAN
RFP No. 21/22-SR1923 - A
The City of Porterville is seeking qualified nonprofit organizations and affordable housing developers to propose use of PLHA funds for projects that benefit individuals or families that are experiencing homelessness as described in eligible activities in this RFP.

Submittal: One PDF file must be received by:
4:00 p.m., Friday, May 6, 2022
Via the Public Purchase Website:
www.publicpurchase.com, or
[email protected]
Document Title: RFP No. 21/22-SR1923 - A Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan
Late proposals will not be accepted and will be automatically disqualified from further consideration.

All proposals and any accompanying documentation become the property of the City of Porterville and will not be returned.

INQUIRIES:

Proposal forms may be inspected and electronically downloaded at no cost, at the Public Purchase website, www.publicpurchase.com. No copies of said documents will be provided by the City. All addenda and correspondence during the bid process will be handled electronically through the Public Purchase website.

Questions regarding this project are due no later than Wednesday, May 4, 2022.

City of Porterville RFP For Use of PLHA Funds 3 | P a g e

REQUEST FOR PROPOSALS (RFP)

FOR FIVE YEAR PLHA PLAN
I. PROPOSED PROJECT
PROJECT TITLE: PLHA Five Year Plan (2019-2023) - Year 2 Funding GRANTOR: California Department of Housing and Community Development (HCD) PROPOSAL DUE DATE: May 6, 2022
AMOUNT AVAILABLE: Second year up to $532,745 for single or multiple projects, with the possibility of additional funds to be available estimated at $2,056,524 for the five year plan.

Category Breakdown 2020 Undersubscribed
in Round 1
Administration $ 26,637.25 $ 0
Navigation Center $ 133,186.25 $19,735.25
Emergency Housing & Bridge Housing $ 319,647.00 $75,996.40 Permanent – Permanent Supportive Housing Operations $ 53,274.50 $18,274.50 $ 532,745.00 $114,006.15
ADMINISTRATIVE ALLOWANCE: None. Activity Delivery time is allowed.

TIME PERIOD FOR CONTRACT: One-year grant term for operating or supportive service projects. Funding in 5yr Plan will be announced when received.

IMPORTANT DOCUMENTS:
 Notice of Funding Announcement: Applicants must ensure that program design meets the 2019 HCD NOFA located at: https://www.hcd.ca.gov/grants-funding/active-funding/plha.shtml  Permanent Local Housing Allocation Final Guidelines: https://www.hcd.ca.gov/grantsfunding/active-funding/docs/PLHA-Final-Guidelines-11-19.pdf  City of Porterville Permanent Local Housing Allocation Five-Year Plan (2019-2023):
https://www.ci.porterville.ca.us/departments/community_development/community_development_ block_grant_program_(cdbg)/index.php
OBJECTIVE: In 2017, Senate Bill 2 (the Building Homes and Jobs Act) created the Permanent Local Housing Allocation (PLHA) program. The California Department of Housing and Community Development (HCD) announced the availability of approximately $195 million in funding for the PLHA program Entitlement and Non-entitlement Local government formula component Notice of Funding Availability (NOFA). The NOFA was funded from moneys deposited in the Building Homes and Jobs Trust Fund (Fund) in calendar year 2019.

Funding for the NOFA was provided pursuant to Senate Bill (SB) 2 (Chapter 364, Statutes of 2017). SB 2 established the Fund and authorizes the Department to allocate 70 percent of moneys collected and deposited in the Fund, beginning in calendar year 2019, to Local governments for eligible housing and homelessness activities. The intent of the bill is to provide a permanent, ongoing source of funding to Local City of Porterville RFP For Use of PLHA Funds 4 | P a g e governments for housing-related projects and programs that assist in addressing the unmet housing needs of their local communities.

The City of Porterville, as an Entitlement Local government, applied and received 2020 formula allocation of PLHA funds in the amount of $532,745. The approximate PLHA five-year formula allocation amount is $2,056,524. PLHA funds must be used to carry out one or more of the eligible activities.

The City of Porterville plans to use PLHA funds for three (3) priorities, distributed over three (3) possible activities that assist persons who are experiencing homelessness or at risk of homelessness. §301(a)(6) Assisting persons who are experiencing or At-risk of homelessness, including, but not limited to, providing rapid re-housing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing.

The eligible activities in the City’s five-year plan include:

1. Provide operating costs for navigation centers

2. Provide operating costs for emergency shelters and/or bridge housing programs.

3. Support Permanent Housing Programs:
a. Provide operating costs for permanent supportive housing programs.

II. ELIGIBLE APPLICANTS
Affordable Housing Developers and Nonprofit organizations are eligible to apply that can demonstrate institutional, managerial and financial capability to plan, manage and complete the program as described.

III. LOCAL CRITERIA
The recipient or sub-recipient must participate with local priority systems that are in place to include the following; HMIS for data collection, Coordinated Entry System (CES), and project must be financially feasible. Additionally, the activities funded must take place in the city limits of Porterville.

IV. ELIGIBLE ACTIVITIES
The applicant may apply for funding for one or more of the eligible activities.

OPERATING COSTS FOR NAVIGATION CENTERS
PLHA funds can be used for operation costs associated with a new or existing Navigation Center. The Navigation Center would serve as a central location for people who are experiencing homelessness to connect to services to help them obtain housing or overcome barriers in obtaining housing.

OPERATING COSTS FOR EMERGENCY SHELTERS AND/OR BRIDGE HOUSING PROGRAMS.

PLHA funds can be used for operating costs needed to run an emergency shelter and/or operating costs for a bridge housing beds, leading to permanent housing. This will assist in ensuring that low barrier beds for people who have been identified by the local Continuum of Care on Homelessness, the Kings/Tulare Homeless Alliance (KTHA) continue to be available.

PERMANENT HOUSING PROGRAMS: OPERATING COSTS FOR PERMANENT SUPPORTIVE HOUSING

PROGRAMS (PSH)
Permanent housing is community-based housing, the purpose of which is to provide housing without a designated length of stay. PLHA funds may be used for operating costs. PSH can only provide assistance to individuals with disabilities and families in which one adult or child has a disability. Supportive services designed to meet the needs of the program participants must be made available to the program participants.

Placement or retention in housing must not be conditional upon participation in such services.

City of Porterville RFP For Use of PLHA Funds 5 | P a g e PSH Targets Chronically Homeless Individuals
To be eligible, proposed PSH projects must target chronically homeless individuals, as defined by HUD.

PSH is Low-barrier and Follows HUD Housing First Approach To be eligible, proposed PSH projects must be low-barrier and follow the HUD Housing First Approach.

V. GENERAL ELIGIBILITY CRITERIA
Applicants must meet the minimum general eligibility criteria described below:
 Activities must take place in the City limits of Porterville  Organizations must not discriminate on the basis of ethnicity, race, color, creed, religion, gender, national origin, age, disability, marital status, sexual orientation, gender identity, or Veteran’s discharge status.
 Applicants must agree to use the CoC’s CES as the sole referral source for each program component. The CES is the central access and referral point for all homeless individuals seeking housing in City of Porterville. This system will identify the most appropriate housing options while also prioritizing the most vulnerable individuals for placement into permanent housing. The system will then maintain a steady flow of referrals to all available housing options. To ensure these individuals have appropriate access to the program components, a project may need to modify its entrance criteria or use reasonable accommodation to admit tenants who would otherwise not be able to apply. By agreeing to use the coordinated entry system as the sole referral source, applicants agree to make reasonable accommodation to accept the referrals.  Applicants must agree to operate projects under the “Housing First” model, meaning prospective tenants are not required to agree to participate in services prior to entering the housing nor can service participation be a requirement of tenancy. Tenants can be required to adhere to a standard market lease, and their tenancy should be supported by eviction prevention strategies, including the engagement of services as appropriate.
 Multiple organizations may apply as a collaborative or joint venture; however, a lead entity must be designated.
 Organizations must be able to demonstrate capacity to start operations within 90 days of contract award.
 Organizations must have adequate financial capacity to perform proposed operations on a reimbursement basis
 Organizations must submit reports and invoices in a timely manner.

VI. APPLICATION SUBMISSION REQUIREMENTS

APPLICATION PROCESS
Applications from this Request for Proposals (RFP) from Qualified Agencies will be accepted beginning Saturday, April 23, 2022. Agencies funded as a result of this RFP are expected to execute contracts with the City of Porterville by June 1, 2022 and begin program operations no later than 60 days from contract execution.

Respondents shall submit a complete RFP application, (including all attachments), to:

All proposals must be submitted in PDF format electronically to the City of Porterville, via the Public Purchase website, www.publicpurchase.com, or via email to [email protected] and titled “RFP City of Porterville RFP For Use of PLHA Funds 6 | P a g e No. 21/22-SR1923 - A Permanent Local Housing Allocation (PHLA) Second Year Funding of 2019-2023 Five Year Plan”.

The City will review and evaluate each qualification and proposal submission. The City reserves the right to obtain clarification or request additional information, including an interview. If an interview is required, they will be scheduled for May 17, 2022 or May 18, 2022. Proposals will be evaluated and ranked according to the following criteria:

Criteria Points
Understanding of the project and scope of services 40
Experience in the disciples directly relevant to the
project and scope of services
30 Proposed budget and fee structure 30
Following an evaluation of the proposals, it is expected that the selected agency(ies) will be recommended to the City Council for approval. If approved by the City Council, a subrecipient agreement will be executed between the City of Porterville and the selected agency(ies).

The City of Porterville, as a unit of local government, reserves the right to reject any and/or all proposals, reserve the right to waive any formalities or irregularities in the proposal or evaluation process, and reserve the right to award contract(s) in the best interest of the City of Porterville. In addition, the City will not reimburse costs associated with the preparation or presentation of the proposals.

APPLICATION FORMAT
The submitted proposals should contain the following components:
 Applicant Information Form (Attachment A)
 Project Narrative
o Program Description and Design
o Management of Program
o Fiscal Management
o Diversity and Multicultural Competency
 Estimated Spending Plan and Revenue Summary Form (Attachment B)

APPLICANT INFORMATION FORM
See form in Attachment A.

PROJECT NARRATIVE

1. Program Description and Design (Limit your response to 3pages) a. Program Description
i. Provide a short, one or two sentence explanation of the purpose of this program and what the funds will be used on.
ii. Explain why the program is needed.
b. Provide a detailed description of your entire proposal as below:
i. Describe the scope of the project, including the number of households that will be served annually, the program services and financial assistance that will be offered to address housing and supportive service needs. Detail the program activities under this service model and how each one will help to achieve one or more of the eligible activities listed in the City of Porterville’s PLHA Five-Year Plan.

City of Porterville RFP For Use of PLHA Funds 7 | P a g e ii. Describe annual outcomes the project expects to accomplish throughout the grant period.
iii. Describe how program services and/or other resources within your agency will be used to quickly reduce housing barriers and quickly engage participants in successfully maintaining housing stability.
iv. Describe how your project will achieve geographic dispersion and client choice in offering housing placements throughout the City of Porterville. v. Describe the project timeline for program start-up, hiring staff, and achieving fully operational status.
vi. If the applicant is partnering with another organization to provide housing and/or services to project participants, list the names of the partners and provide information on the specific roles and responsibilities of each. vii. Describe how you intend to measure program effectiveness in terms of outcomes to be achieved.
c. Participants
Describe your agency’s experience in the past two years providing services to persons who are experiencing homelessness or at risk of homelessness. i. Describe how you determined the number of clients to be served with the funding requested in this application.
ii. Describe the population(s) you intend to serve. Explain how the target population is identified, qualified and monitored. How will the project link populations to units of non-time limited housing?
d. Personnel
i. Describe the overall staffing plan to accomplish activities in the proposed program, including project leadership, reporting responsibilities, and daily program operations.
e. Collaboration/Coordination
Describe any formal or informal coordination, partnerships, or collaborations with other organizations proposed in this application.
i. Will the proposed program use subrecipients and/or subcontractors? If yes, please list each partner agency, describe their role as either a subrecipient or contractor, describe what services and the frequency of services that will be offered by the partner agency, and provide a brief description of the partner agency’s experience providing homelessness services.
ii. Describe the organization’s ability to collect data electronically and your agency’s plan to participate in HMIS and/or Coordinated Entry.

2. Fiscal Management (Limit your response to one page)
a. Please outline the organization’s initial program budget, including the availability of other revenue sources. Complete the Estimated Spending Plan and Revenue Summary Form (Attachment B). If the sections do not apply to your program type or you are not requesting funds please enter $0 or N/A. Do not leave sections blank. b. As part of the organization’s initial program budget, please identify all personnel who will provide direct or indirect support of the organization’s proposed services. Include each position title, the number of staff positions within each position title, and the number of Full Time Equivalents (FTEs) within each position title category. Identify additional fund source(s) that pays for each staff member’s salary. These positions should be the same as those listed in the Personnel section of the proposal.
c. Describe how the organization will assure the proper use and safeguarding of public funds and experience using government funds. Does your organization have policies and City of Porterville RFP For Use of PLHA Funds 8 | P a g e procedures regarding the financial operations of the organization? Have recent reviews or audits of the organization by a certified public accountant or other financial professional identified any weaknesses in the organization’s financial internal controls? If so, please provide the written report identifying the weaknesses and describe how the organization has responded to correct weaknesses.
d. Describe the organizations overall financial condition and the applicant’s ability to fund potential cost overruns or other costs not anticipated in the project budget. e. Provide copies of the last single audit and 990 filed

3. Diversity and Multicultural Competency (Limit your response to one page) Cultural Competency is defined as:
 Having a defined set of values and principles, and demonstrating behaviors, attitudes, policies and structures that enable the organization to work effectively in cross-cultural situations; and
 Having the capacity to 1.) value diversity, 2.) conduct self-assessment, 3.) manage the dynamics of difference, 4.) acquire institutional knowledge, and 5.) adapt to diversity and the cultural contexts of the communities being served; and  Incorporating the above in all aspects of policy making, administration, practice, service delivery and involving consumers and key stakeholders.
a. Explain your agency’s philosophy and the specific efforts that are in place to assure that this project will be culturally competent and linguistically accessible for the population that will be served. Be sure to include the following information in your response:
i. Based on your understanding of the target population and subpopulation(s), describe how your project will be culturally relevant, sensitive, and linguistically accessible for the individuals or households that will be served, including efforts related to staffing, outreach and service design (i.e., how the project will help reduce barriers to housing and services for individuals of color and those households for whom English is not the primary language); ii. Describe how the ethno-cultural backgrounds of your project staff and agency board reflect that of the identified population to be served and/or how your agency is working to broaden staff and board diversity and knowledge around cultural competency; and
iii. Describe any means or efforts that are in place to assess the cultural competency of your organization and make changes accordingly.

ESTIMATED SPENDING PLAN AND REVENUE SUMMARY FORM
See Attachment B.

VII. RESPONSIVENESS
All proposals will be reviewed to determine compliance with administrative requirements and instructions specified in this RFP. The Applicant is specifically notified that failure to comply with any part of the RFP may result in rejection of the proposal as non-responsive. The City of Porterville also reserves the right at its sole discretion to waive minor administrative irregularities.

City of Porterville RFP For Use of PLHA Funds 9 | P a g e

ATTACHMENTS
A – Applicant Information Form

1. Project title:

2. Project location:

3.Number of households served on a given day: Number of households served annually:

4.Number of individuals served on a given day: Number of Individuals served annually:

5.a. This project is specifically designed to serve the following population:
(Please be very specific and check only those that apply) □ Homeless single adults
□ Homeless families with children
□ Homeless young adults (ages 18 - 25)

5.b. This project is specifically designed to serve the following subpopulation:
(Please check all that apply)
□ Homeless households living on the streets
□ Homeless households living in shelters
□ Homeless households living in transitional housing
□ Persons who are chronically homeless
□ Persons with serious mental illness
□ Persons with significant drug/alcohol addictions
□ Persons with chronic medical condition(s)
□ Persons exiting the foster care system
□ Persons exiting criminal justice facilities
□ Persons exiting mental health or psychiatric inpatient facilities □ Persons exiting residential chemical dependency treatment facilities

6. DUNS Number:

7. Federal Tax ID Number:

8. Contact Information for Project Applicant:

Lead Applicant Agency: __________________________________________________________________________ Agency Mailing Address:_________________________________________________________________________ Total Annual Agency Operating Budget (for all activities of the applicant agency from all sources): ______________ City of Porterville RFP For Use of PLHA Funds 10 | P a g e Executive Director Program Manager HMIS Data
Manager
Finance/Bookkeeper
Name
Title
Address (if different
mailing then above)

Phone
FAX
Email

9. Applicant Type
Nonprofit organization
Affordable Housing Developer

10. Provide the caption, cause number, Court, Counsel, and general summary of any litigation pending or judgment rendered within the past three (3) years against the applicant, as applicable.

11. Indicate the extent, if any, to which the firm, association or corporation or any person in a controlling capacity or any position involving the administration of federal, state or local funds; is currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any agency; has been suspended, debarred, voluntarily excluded or determined ineligible by any agency within the past three (3) years; does have a proposed debarment pending; has been indicted, convicted or has a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or misconduct with the past three (3) years.

City of Porterville RFP For Use of PLHA Funds 11 | P a g e B– Estimated Spending Plan and Revenue Summary Form
Payroll and Personnel Expenses
HUD
Grants
Program
Income
Other
Revenue
Total
Revenue
Difference
(Rev. - Exp)
Salary and Wages FTE's Salary Total Expenses
Supervision
Case Managers
Navigators
Support Staff
Fringe Benefits (provide detail)
FICA
Workmans Comp
Insurance
Retirement
Other
Costs related to the provision of services
Space costs
Utilities
Telephone/Communications
Postage/delivery
Office Expenses
Local Travel
Equipment and Furniture
Supplies and materials
Sub-total Personnel Costs
Other Than Personnel Costs
Rental Assistance Expenses
Unit Type FMR # of units
0-BR
1-BR
2-BR
3-BR
4-BR
5-BR
Rental Assistance Total
Other Financial Assistance
Assistance Type FTE's Salary Total Expenses
Rental application fees
Utilities and Utility Deposits
Moving Costs
Security Deposits
Other: ___________________
Other: ___________________
Other: ___________________
Other: ___________________
Sub-total Other Financial Assistance
Sub-total expenses

TOTAL FUNDING REQUESTED
Annual cost
NOTE: Administrative Costs are not allowed, please make sure those costs are not included in your request.

EXPENSES REVENUES
Item No. 13.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Department of Finance Population Update
SOURCE: Community Development
COMMENT: The Community Development Department has received a summary report of Porterville’s estimated population and housing data prepared by the State Department of Finance (DOF). The DOF prepares these estimates based upon information supplied by the City during the previous year, such as new housing units, demolitions, conversions, annexations and other factors, and comparing figures from the 2021 benchmark or a prior year’s estimate. Annually, the Community Development Department reviews these estimates and forwards them to the City Council for review and adoption. After Council adoption, the City submits a request for certification to the State Controller.

After certification by the State, the January 1, 2022, population estimate of 62,345 for the city of Porterville becomes the basis used to distribute certain State subvention revenues to the City. The January 1, 2021, population estimate for the city of Porterville was 59,491, which represents an increase of 4.79% or 2,854 persons. The population estimate for 2021 provided in the DOF data recently released on May 2, 2022, was 62,515, which represents a decrease of .3% or 170 persons for subvention revenue purposes. The difference in the two estimates for 2021 is a result of a mid-year adjustment made by the Department of Finance.

RECOMMENDATION: That the City Council authorize the Mayor to sign a request for State certification for the City of Porterville, January 1, 2021, at a population of 62,345.

ATTACHMENTS: 1. Draft Letter

2. 2022 DOF Population Report

3. 2021 DOF Population Report
Appropriated/Funded:

Review By:

Department Director:

Jason Ridenour, Community Development Director
Final Approver: John Lollis, City Manager
Item No. 13.

June 8, 2022
Department of Finance
Demographic Research Unit
915 “L” Street, 8th Floor
Sacramento, CA 95814
To Whom It May Concern:

On May 2, 2022, the City of Porterville received Porterville’s estimated population and housing data for 2021 from the State Department of Finance.

On June 7, 2022, the Porterville City Council adopted Porterville’s new estimated population of 62,345 and authorized transmittal of this correspondence requesting the State Controller to certify Porterville’s January 1, 2022, population as 62,345 by Minute Order No. .

Sincerely,
Martha A. Flores
Mayor
City of Porterville
About the Data
E-1: City/County Population Estimates with Annual Percent Change January 1, 2021 and 2022
Total Population Percent
State/County/City 1/1/2021 1/1/2022 Change
California 39,303,157 39,185,605 -0.3
Alameda 1,662,370 1,651,979 -0.6
Alameda 78,262 77,784 -0.6
Albany 20,542 21,648 5.4
Berkeley 121,269 124,563 2.7
Dublin 73,209 72,932 -0.4
Emeryville 12,617 12,497 -1.0
Fremont 228,872 229,476 0.3
Hayward 161,744 160,591 -0.7
Livermore 87,388 86,149 -1.4
Newark 47,157 47,229 0.2
Oakland 430,100 424,464 -1.3
Piedmont 11,138 10,977 -1.4
Pleasanton 78,924 77,609 -1.7
San Leandro 89,926 88,404 -1.7
Union City 69,301 68,150 -1.7
Balance of County 151,921 149,506 -1.6
Alpine 1,195 1,200 0.4
Amador 40,287 40,297 0.0
Amador 193 191 -1.0
Ione 8,722 8,888 1.9
Jackson 5,028 5,028 0.0
Plymouth 1,056 1,045 -1.0
Sutter Creek 2,640 2,620 -0.8
Balance of County 22,648 22,525 -0.5
Butte 206,640 201,608 -2.4
Biggs 1,974 1,939 -1.8
Chico 102,359 102,892 0.5
Gridley 7,413 7,205 -2.8
Oroville 20,119 18,863 -6.2
Paradise 6,137 7,705 25.5
Balance of County 68,638 63,004 -8.2
Calaveras 45,250 45,049 -0.4
Angels City 3,641 3,623 -0.5
Balance of County 41,609 41,426 -0.4
Colusa 21,773 21,807 0.2
Colusa 6,356 6,383 0.4
Williams 5,530 5,563 0.6
Balance of County 9,887 9,861 -0.3
Contra Costa 1,161,324 1,156,555 -0.4
Antioch 115,142 115,074 -0.1
Brentwood 64,224 64,342 0.2
Clayton 10,964 10,863 -0.9
Concord 124,755 123,634 -0.9
Danville 43,373 43,352 0.0
El Cerrito 25,671 25,650 -0.1
Hercules 26,357 26,091 -1.0
Lafayette 25,217 25,064 -0.6
Martinez 37,195 36,908 -0.8
Moraga 17,206 17,105 -0.6
Oakley 43,627 44,533 2.1
Orinda 19,496 19,478 -0.1
Pinole 18,819 18,628 -1.0
Pittsburg 75,788 75,156 -0.8
Pleasant Hill 34,335 34,026 -0.9
Richmond 114,643 114,489 -0.1
San Pablo 31,793 31,510 -0.9
San Ramon 84,226 83,820 -0.5
Walnut Creek 70,566 69,891 -1.0
Balance of County 177,927 176,941 -0.6
Del Norte 27,593 27,218 -1.4
Crescent City 6,320 6,060 -4.1
Balance of County 21,273 21,158 -0.5
El Dorado 191,054 190,465 -0.3
Placerville 10,636 10,646 0.1
South Lake Tahoe 21,508 21,199 -1.4
Balance of County 158,910 158,620 -0.2
Fresno 1,009,231 1,011,273 0.2
Clovis 121,667 123,665 1.6
Coalinga 17,520 17,277 -1.4
Firebaugh 8,164 8,439 3.4
Fowler 6,863 6,962 1.4
Fresno 542,720 543,660 0.2
Huron 6,176 6,170 -0.1
Kerman 16,074 16,639 3.5
Kingsburg 12,533 12,506 -0.2
Mendota 12,499 12,440 -0.5
Orange Cove 9,553 9,497 -0.6
Parlier 14,553 14,497 -0.4
Reedley 24,929 24,982 0.2
Sanger 26,558 26,304 -1.0
San Joaquin 3,674 3,639 -1.0
Selma 24,702 24,522 -0.7
Balance of County 161,046 160,074 -0.6
Glenn 28,788 28,750 -0.1
Orland 8,319 8,267 -0.6
Willows 6,345 6,427 1.3
Balance of County 14,124 14,056 -0.5
Humboldt 135,553 135,168 -0.3
Arcata 17,633 18,059 2.4
Blue Lake 1,165 1,151 -1.2
Eureka 27,134 26,768 -1.3
Ferndale 1,376 1,367 -0.7
Fortuna 12,523 12,432 -0.7
Rio Dell 3,380 3,342 -1.1
Trinidad 300 296 -1.3
Balance of County 72,042 71,753 -0.4
Imperial 179,488 179,329 -0.1
Brawley 26,648 26,952 1.1
Calexico 38,906 38,711 -0.5
Calipatria 6,465 6,367 -1.5
El Centro 44,871 44,508 -0.8
Holtville 5,504 5,565 1.1
Imperial 20,755 21,513 3.7
Westmorland 2,017 2,004 -0.6
Balance of County 34,322 33,709 -1.8
Inyo 18,982 18,978 0.0
Bishop 3,868 3,869 0.0
Balance of County 15,114 15,109 0.0
Kern 907,324 909,813 0.3
Arvin 19,833 19,639 -1.0
Bakersfield 406,129 408,865 0.7
California City 14,942 14,952 0.1
Delano 50,045 51,258 2.4
Maricopa 1,028 1,018 -1.0
McFarland 14,034 13,902 -0.9
Ridgecrest 28,059 28,061 0.0
Shafter 19,950 20,486 2.7
Taft 7,355 7,011 -4.7
Tehachapi 12,260 12,375 0.9
Wasco 25,235 26,689 5.8
Balance of County 308,454 305,557 -0.9
Kings 151,059 152,023 0.6
Avenal 12,750 13,186 3.4
Corcoran 20,807 22,047 6.0
Hanford 58,544 58,299 -0.4
Lemoore 27,225 27,058 -0.6
Balance of County 31,733 31,433 -0.9
Lake 67,651 67,407 -0.4
Clearlake 16,671 16,509 -1.0
Lakeport 4,898 4,999 2.1
Balance of County 46,082 45,899 -0.4
Lassen 31,132 30,274 -2.8
Susanville 14,514 13,212 -9.0
Balance of County 16,618 17,062 2.7
Los Angeles 9,931,338 9,861,224 -0.7
Agoura Hills 19,975 19,771 -1.0
Alhambra 82,182 81,834 -0.4
Arcadia 56,240 55,934 -0.5
Artesia 16,347 16,226 -0.7
Avalon 3,428 3,394 -1.0
Azusa 50,191 49,704 -1.0
Baldwin Park 71,455 70,855 -0.8
Bell 33,962 33,624 -1.0
Bellflower 78,107 77,359 -1.0
Bell Gardens 39,265 38,861 -1.0
Beverly Hills 32,565 32,265 -0.9
Bradbury 914 904 -1.1
Burbank 106,268 105,451 -0.8
Calabasas 23,151 22,926 -1.0
Carson 92,912 92,362 -0.6
Cerritos 49,163 48,634 -1.1
Claremont 37,364 37,072 -0.8
Commerce 12,273 12,140 -1.1
Compton 95,261 94,233 -1.1
Covina 50,933 50,449 -1.0
Cudahy 22,526 22,318 -0.9
Culver City 40,330 40,135 -0.5
Diamond Bar 54,782 54,204 -1.1
Downey 113,525 112,584 -0.8
Duarte 21,473 21,258 -1.0
El Monte 108,728 107,706 -0.9
El Segundo 17,244 17,084 -0.9
Gardena 60,382 59,947 -0.7
Glendale 194,618 193,116 -0.8
Glendora 52,316 51,821 -0.9
Hawaiian Gardens 13,755 13,619 -1.0
Hawthorne 87,722 86,841 -1.0
Hermosa Beach 19,382 19,171 -1.1
Hidden Hills 1,736 1,738 0.1
Huntington Park 54,519 53,942 -1.1
Industry 440 438 -0.5
Inglewood 107,143 106,481 -0.6
Irwindale 1,482 1,490 0.5
La Canada Flintridge 20,291 20,081 -1.0
La Habra Heights 5,655 5,594 -1.1
Lakewood 81,681 80,876 -1.0
La Mirada 49,074 48,696 -0.8
Lancaster 176,166 175,164 -0.6
La Puente 37,626 37,587 -0.1
La Verne 32,608 32,304 -0.9
Lawndale 31,638 31,301 -1.1
Lomita 20,851 20,633 -1.0
Long Beach 459,757 460,682 0.2
Los Angeles 3,853,323 3,819,538 -0.9
Lynwood 67,260 66,723 -0.8
Malibu 10,739 10,686 -0.5
Manhattan Beach 35,357 34,902 -1.3
Maywood 25,033 24,814 -0.9
Monrovia 37,809 37,563 -0.7
Montebello 62,180 61,622 -0.9
Monterey Park 60,814 60,207 -1.0
Norwalk 102,356 101,645 -0.7
Palmdale 168,895 167,398 -0.9
Palos Verdes Estates 13,116 12,980 -1.0
Paramount 53,009 52,477 -1.0
Pasadena 139,029 138,310 -0.5
Pico Rivera 61,827 61,442 -0.6
Pomona 148,879 149,766 0.6
Rancho Palos Verdes 41,878 41,468 -1.0
Redondo Beach 69,742 68,972 -1.1
Rolling Hills 1,703 1,684 -1.1
Rolling Hills Estates 8,283 8,289 0.1
Rosemead 50,823 50,511 -0.6
San Dimas 34,651 34,352 -0.9
San Fernando 23,520 23,519 0.0
San Gabriel 39,250 38,845 -1.0
San Marino 12,334 12,257 -0.6
Santa Clarita 228,084 228,835 0.3
Santa Fe Springs 18,568 18,763 1.1
Santa Monica 93,242 92,408 -0.9
Sierra Madre 10,959 10,865 -0.9
Signal Hill 11,702 11,597 -0.9
South El Monte 19,532 19,668 0.7
South Gate 92,783 93,259 0.5
South Pasadena 26,849 26,580 -1.0
Temple City 36,497 36,262 -0.6
Torrance 145,876 144,433 -1.0
Vernon 210 208 -1.0
Walnut 28,344 28,094 -0.9
West Covina 109,290 108,243 -1.0
West Hollywood 35,553 35,399 -0.4
Westlake Village 8,121 8,043 -1.0
Whittier 87,886 87,931 0.1
Balance of County 1,016,626 1,009,857 -0.7
Madera 156,385 157,396 0.6
Chowchilla 18,412 18,851 2.4
Madera 66,299 65,843 -0.7
Balance of County 71,674 72,702 1.4
Marin 259,512 257,135 -0.9
Belvedere 2,103 2,080 -1.1
Corte Madera 10,147 10,028 -1.2
Fairfax 7,496 7,418 -1.0
Larkspur 12,963 12,797 -1.3
Mill Valley 14,002 13,850 -1.1
Novato 53,008 52,441 -1.1
Ross 2,330 2,301 -1.2
San Anselmo 12,772 12,645 -1.0
San Rafael 61,179 60,560 -1.0
Sausalito 7,159 7,072 -1.2
Tiburon 9,065 8,956 -1.2
Balance of County 67,288 66,987 -0.4
Mariposa 17,066 17,045 -0.1
Mendocino 90,669 89,999 -0.7
Fort Bragg 7,064 7,153 1.3
Point Arena 446 443 -0.7
Ukiah 16,228 16,080 -0.9
Willits 4,959 4,920 -0.8
Balance of County 61,972 61,403 -0.9
Merced 281,874 284,338 0.9
Atwater 32,019 31,652 -1.1
Dos Palos 5,835 5,715 -2.1
Gustine 6,098 5,981 -1.9
Livingston 14,340 14,410 0.5
Los Banos 46,168 46,639 1.0
Merced 88,200 89,058 1.0
Balance of County 89,214 90,883 1.9
Modoc 8,606 8,690 1.0
Alturas 2,699 2,726 1.0
Balance of County 5,907 5,964 1.0
Mono 13,299 13,379 0.6
Mammoth Lakes 7,324 7,365 0.6
Balance of County 5,975 6,014 0.7
Monterey 435,721 433,716 -0.5
Carmel-by-the-Sea 3,095 3,041 -1.7
Del Rey Oaks 1,558 1,539 -1.2
Gonzales 8,492 8,340 -1.8
Greenfield 18,705 19,634 5.0
King City 13,476 13,331 -1.1
Marina 21,271 21,457 0.9
Monterey 28,347 28,082 -0.9
Pacific Grove 14,942 14,761 -1.2
Salinas 161,777 159,932 -1.1
Sand City 378 372 -1.6
Seaside 31,113 32,068 3.1
Soledad 26,316 26,308 0.0
Balance of County 106,251 104,851 -1.3
Napa 137,518 136,179 -1.0
American Canyon 21,566 21,658 0.4
Calistoga 5,283 5,199 -1.6
Napa 78,246 77,480 -1.0
St Helena 5,521 5,437 -1.5
Yountville 2,942 2,829 -3.8
Balance of County 23,960 23,576 -1.6
Nevada 101,919 101,242 -0.7
Grass Valley 13,670 13,617 -0.4
Nevada City 3,386 3,334 -1.5
Truckee 17,035 17,100 0.4
Balance of County 67,828 67,191 -0.9
Orange 3,169,542 3,162,245 -0.2
Aliso Viejo 51,233 50,782 -0.9
Anaheim 344,604 341,245 -1.0
Brea 47,097 46,872 -0.5
Buena Park 83,968 83,430 -0.6
Costa Mesa 112,183 111,394 -0.7
Cypress 50,029 49,810 -0.4
Dana Point 33,053 32,943 -0.3
Fountain Valley 57,068 56,564 -0.9
Fullerton 141,974 142,732 0.5
Garden Grove 171,284 170,526 -0.4
Huntington Beach 197,616 196,100 -0.8
Irvine 301,254 310,250 3.0
Laguna Beach 22,862 22,706 -0.7
Laguna Hills 31,017 30,750 -0.9
Laguna Niguel 64,885 64,316 -0.9
Laguna Woods 17,670 17,514 -0.9
La Habra 62,317 61,792 -0.8
Lake Forest 86,406 86,775 0.4
La Palma 15,463 15,332 -0.8
Los Alamitos 11,895 11,873 -0.2
Mission Viejo 93,171 92,515 -0.7
Newport Beach 84,459 83,727 -0.9
Orange 137,534 137,676 0.1
Placentia 51,522 51,204 -0.6
Rancho Santa Margarita 47,703 47,279 -0.9
San Clemente 63,877 63,380 -0.8
San Juan Capistrano 34,907 34,798 -0.3
Santa Ana 311,340 308,459 -0.9
Seal Beach 25,002 24,846 -0.6
Stanton 38,284 39,275 2.6
Tustin 80,157 79,535 -0.8
Villa Park 5,834 5,782 -0.9
Westminster 90,812 90,393 -0.5
Yorba Linda 67,760 67,233 -0.8
Balance of County 133,302 132,437 -0.6
Placer 407,517 409,025 0.4
Auburn 13,795 13,608 -1.4
Colfax 2,016 2,042 1.3
Lincoln 50,422 51,252 1.6
Loomis 6,833 6,739 -1.4
Rocklin 71,644 71,663 0.0
Roseville 148,794 151,034 1.5
Balance of County 114,013 112,687 -1.2
Plumas 19,574 18,942 -3.2
Portola 2,027 2,042 0.7
Balance of County 17,547 16,900 -3.7
Riverside 2,424,587 2,435,525 0.5
Banning 30,629 30,877 0.8
Beaumont 54,313 54,690 0.7
Blythe 17,470 17,505 0.2
Calimesa 10,544 10,899 3.4
Canyon Lake 11,147 11,056 -0.8
Cathedral City 51,898 51,840 -0.1
Coachella 42,178 42,158 0.0
Corona 156,901 156,778 -0.1
Desert Hot Springs 32,546 32,569 0.1
Eastvale 70,444 69,929 -0.7
Hemet 89,823 89,646 -0.2
Indian Wells 4,771 4,762 -0.2
Indio 88,862 89,137 0.3
Jurupa Valley 105,415 105,384 0.0
Lake Elsinore 70,891 71,615 1.0
La Quinta 37,949 37,860 -0.2
Menifee 103,617 106,627 2.9
Moreno Valley 209,603 209,407 -0.1
Murrieta 111,671 111,183 -0.4
Norco 24,563 24,909 1.4
Palm Desert 50,976 50,889 -0.2
Palm Springs 44,570 44,397 -0.4
Perris 79,327 78,890 -0.6
Rancho Mirage 16,650 16,804 0.9
Riverside 312,789 317,847 1.6
San Jacinto 54,503 54,593 0.2
Temecula 110,394 109,925 -0.4
Wildomar 36,928 36,632 -0.8
Balance of County 393,215 396,717 0.9
Sacramento 1,580,624 1,576,618 -0.3
Citrus Heights 87,245 86,367 -1.0
Elk Grove 176,769 176,972 0.1
Folsom 83,075 84,592 1.8
Galt 25,383 25,239 -0.6
Isleton 790 780 -1.3
Rancho Cordova 79,536 80,359 1.0
Sacramento 518,322 518,037 -0.1
Balance of County 609,504 604,272 -0.9
San Benito 64,769 65,479 1.1
Hollister 41,919 42,554 1.5
San Juan Bautista 2,120 2,093 -1.3
Balance of County 20,730 20,832 0.5
San Bernardino 2,182,343 2,187,665 0.2
Adelanto 36,569 36,357 -0.6
Apple Valley 76,160 75,628 -0.7
Barstow 25,405 25,202 -0.8
Big Bear Lake 5,054 5,041 -0.3
Chino 89,824 91,998 2.4
Chino Hills 78,437 77,964 -0.6
Colton 53,853 53,617 -0.4
Fontana 209,889 212,809 1.4
Grand Terrace 13,131 13,042 -0.7
Hesperia 100,225 100,324 0.1
Highland 56,915 56,546 -0.6
Loma Linda 25,310 25,349 0.2
Montclair 38,052 37,846 -0.5
Needles 4,915 4,876 -0.8
Ontario 176,689 179,516 1.6
Rancho Cucamonga 174,484 174,476 0.0
Redlands 72,933 72,585 -0.5
Rialto 104,050 103,954 -0.1
San Bernardino 222,024 220,840 -0.5
Twentynine Palms 27,486 27,685 0.7
Upland 78,891 79,139 0.3
Victorville 134,700 136,561 1.4
Yucaipa 54,830 54,494 -0.6
Yucca Valley 21,846 21,813 -0.2
Balance of County 300,671 300,003 -0.2
San Diego 3,288,503 3,287,306 0.0
Carlsbad 115,680 115,585 -0.1
Chula Vista 276,922 276,785 0.0
Coronado 22,611 22,277 -1.5
Del Mar 3,957 3,929 -0.7
El Cajon 106,447 105,638 -0.8
Encinitas 61,724 61,515 -0.3
Escondido 151,389 150,679 -0.5
Imperial Beach 26,448 26,243 -0.8
La Mesa 60,608 60,472 -0.2
Lemon Grove 27,422 27,242 -0.7
National City 61,755 61,471 -0.5
Oceanside 173,932 173,048 -0.5
Poway 48,850 48,759 -0.2
San Diego 1,371,832 1,374,790 0.2
San Marcos 92,958 93,585 0.7
Santee 59,146 59,015 -0.2
Solana Beach 12,909 12,812 -0.8
Vista 99,536 100,291 0.8
Balance of County 514,377 513,170 -0.2
San Francisco 849,475 842,754 -0.8
San Joaquin 782,372 784,298 0.2
Escalon 7,439 7,362 -1.0
Lathrop 29,384 31,331 6.6
Lodi 66,145 66,570 0.6
Manteca 84,995 86,859 2.2
Ripon 16,162 15,979 -1.1
Stockton 323,884 322,489 -0.4
Tracy 93,624 94,538 1.0
Balance of County 160,739 159,170 -1.0
San Luis Obispo 279,710 280,721 0.4
Arroyo Grande 18,533 18,294 -1.3
Atascadero 30,823 30,480 -1.1
El Paso de Robles 31,659 31,176 -1.5
Grover Beach 12,879 12,707 -1.3
Morro Bay 10,638 10,466 -1.6
Pismo Beach 8,095 7,981 -1.4
San Luis Obispo 47,541 47,653 0.2
Balance of County 119,542 121,964 2.0
San Mateo 751,596 744,662 -0.9
Atherton 6,806 6,718 -1.3
Belmont 27,587 27,203 -1.4
Brisbane 4,789 4,721 -1.4
Burlingame 30,699 30,283 -1.4
Colma 1,391 1,370 -1.5
Daly City 103,930 102,875 -1.0
East Palo Alto 29,423 28,963 -1.6
Foster City 33,325 33,056 -0.8
Half Moon Bay 11,462 11,308 -1.3
Hillsborough 11,110 11,018 -0.8
Menlo Park 33,509 33,034 -1.4
Millbrae 22,807 22,512 -1.3
Pacifica 38,088 37,533 -1.5
Portola Valley 4,355 4,289 -1.5
Redwood City 81,771 82,344 0.7
San Bruno 43,169 42,656 -1.2
San Carlos 30,207 29,837 -1.2
San Mateo 104,719 103,779 -0.9
South San Francisco 65,090 64,492 -0.9
Woodside 5,271 5,212 -1.1
Balance of County 62,088 61,459 -1.0
Santa Barbara 443,674 445,164 0.3
Buellton 5,185 5,055 -2.5
Carpinteria 13,267 12,963 -2.3
Goleta 33,315 32,591 -2.2
Guadalupe 8,622 8,544 -0.9
Lompoc 44,044 43,845 -0.5
Santa Barbara 88,499 86,591 -2.2
Santa Maria 110,969 109,910 -1.0
Solvang 5,858 5,709 -2.5
Balance of County 133,915 139,956 4.5
Santa Clara 1,907,693 1,894,783 -0.7
Campbell 43,086 42,833 -0.6
Cupertino 59,884 59,610 -0.5
Gilroy 59,396 59,269 -0.2
Los Altos 31,651 31,526 -0.4
Los Altos Hills 8,414 8,400 -0.2
Los Gatos 33,193 33,062 -0.4
Milpitas 80,287 80,839 0.7
Monte Sereno 3,458 3,488 0.9
Morgan Hill 46,626 46,451 -0.4
Mountain View 83,128 83,864 0.9
Palo Alto 67,422 67,473 0.1
San Jose 991,144 976,482 -1.5
Santa Clara 129,122 130,127 0.8
Saratoga 30,772 30,667 -0.3
Sunnyvale 155,326 156,234 0.6
Balance of County 84,784 84,458 -0.4
Santa Cruz 266,553 266,564 0.0
Capitola 10,112 9,794 -3.1
Santa Cruz 57,594 64,075 11.3
Scotts Valley 12,407 12,049 -2.9
Watsonville 52,147 50,669 -2.8
Balance of County 134,293 129,977 -3.2
Shasta 182,020 180,531 -0.8
Anderson 11,181 11,088 -0.8
Redding 93,879 92,963 -1.0
Shasta Lake 10,318 10,237 -0.8
Balance of County 66,642 66,243 -0.6
Sierra 3,225 3,229 0.1
Loyalton 737 737 0.0
Balance of County 2,488 2,492 0.2
Siskiyou 43,931 43,830 -0.2
Dorris 859 847 -1.4
Dunsmuir 1,705 1,681 -1.4
Etna 684 674 -1.5
Fort Jones 694 684 -1.4
Montague 1,232 1,215 -1.4
Mount Shasta 3,247 3,204 -1.3
Tulelake 899 886 -1.4
Weed 2,826 2,828 0.1
Yreka 7,777 7,772 -0.1
Balance of County 24,008 24,039 0.1
Solano 449,964 447,241 -0.6
Benicia 26,995 26,656 -1.3
Dixon 19,094 19,083 -0.1
Fairfield 120,421 119,897 -0.4
Rio Vista 9,961 9,925 -0.4
Suisun City 29,266 28,896 -1.3
Vacaville 101,286 101,257 0.0
Vallejo 124,410 123,190 -1.0
Balance of County 18,531 18,337 -1.0
Sonoma 484,674 482,404 -0.5
Cloverdale 9,029 8,905 -1.4
Cotati 7,512 7,397 -1.5
Healdsburg 11,174 11,030 -1.3
Petaluma 59,756 58,945 -1.4
Rohnert Park 44,287 43,998 -0.7
Santa Rosa 177,396 175,775 -0.9
Sebastopol 7,520 7,489 -0.4
Sonoma 10,755 10,779 0.2
Windsor 26,134 25,942 -0.7
Balance of County 131,111 132,144 0.8
Stanislaus 551,737 549,466 -0.4
Ceres 48,762 48,386 -0.8
Hughson 7,495 7,495 0.0
Modesto 218,745 217,880 -0.4
Newman 12,326 12,244 -0.7
Oakdale 23,110 23,071 -0.2
Patterson 23,839 24,370 2.2
Riverbank 24,735 24,583 -0.6
Turlock 71,734 71,531 -0.3
Waterford 8,944 8,872 -0.8
Balance of County 112,047 111,034 -0.9
Sutter 98,908 99,145 0.2
Live Oak 9,191 9,394 2.2
Yuba City 69,614 69,663 0.1
Balance of County 20,103 20,088 -0.1
Tehama 65,374 65,052 -0.5
Corning 8,157 8,100 -0.7
Red Bluff 14,698 14,605 -0.6
Tehama 427 424 -0.7
Balance of County 42,092 41,923 -0.4
Trinity 16,050 16,023 -0.2
Tulare 474,032 475,014 0.2
Dinuba 24,872 25,127 1.0
Exeter 10,305 10,257 -0.5
Farmersville 10,308 10,239 -0.7
Lindsay 12,624 12,566 -0.5
Porterville 62,515 62,345 -0.3
Tulare 69,229 69,462 0.3
Visalia 141,279 142,091 0.6
Woodlake 7,513 7,648 1.8
Balance of County 135,387 135,279 -0.1
Tuolumne 54,791 55,291 0.9
Sonora 5,121 5,144 0.4
Balance of County 49,670 50,147 1.0
Ventura 840,093 833,652 -0.8
Camarillo 70,739 70,171 -0.8
Fillmore 16,681 16,469 -1.3
Moorpark 35,821 35,399 -1.2
Ojai 7,523 7,466 -0.8
Oxnard 200,480 200,050 -0.2
Port Hueneme 22,188 21,599 -2.7
San Buenaventura 109,821 108,231 -1.4
Santa Paula 30,629 30,892 0.9
Simi Valley 126,478 124,985 -1.2
Thousand Oaks 125,995 124,592 -1.1
Balance of County 93,738 93,798 0.1
Yolo 217,237 221,165 1.8
Davis 66,687 64,869 -2.7
West Sacramento 53,776 52,837 -1.7
Winters 7,399 7,422 0.3
Woodland 60,999 60,137 -1.4
Balance of County 28,376 35,900 26.5
Yuba 81,988 82,275 0.4
Marysville 13,003 12,824 -1.4
Wheatland 3,708 3,664 -1.2
Balance of County 65,277 65,787 0.8
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: http://www.dof.ca.gov/research/demographic/reports/estimates/e-1/view.php Released on May 2, 2022
About the Data
E-1: City/County Population Estimates with Annual Percent Change January 1, 2020 and 2021
Total Population Percent
State/County/City 1/1/2020 1/1/2021 Change
California 39,648,938 39,466,855 -0.5
Tulare 479,403 481,733 0.5
Dinuba 25,759 26,517 2.9
Exeter 11,023 10,997 -0.2
Farmersville 11,384 11,327 -0.5
Lindsay 13,131 13,090 -0.3
Porterville 59,491 59,571 0.1
Tulare 68,058 69,246 1.7
Visalia 138,456 139,254 0.6
Woodlake 7,825 8,054 2.9
Balance of County 144,276 143,677 -0.4
Department of Finance
Demographic Research Unit
Phone: (916) 323-4086
For more information: http://www.dof.ca.gov/research/demographic/reports/estimates/e-1/view.php Released on May 7, 2021
Item No. 14.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Reaffirm Conditions of State Assembly Bill 361 to Continue Remote Attendance at Public Meetings
SOURCE: City Manager's Office
COMMENT:

During the prior eighteen (18) months, the City Council and its legislative bodies have conducted teleconferencing meetings as allowed pursuant to a series of Executive Orders, the most recent which expired on September 30, 2021 (Executive Order N-08-021, issued June 11, 2021), which waived all physical presence requirements under the Brown Act as a means of limiting the spread of COVID-19. Pursuant to adopted State law effective September 30, 2021, Assembly Bill 361 (AB 361), extends the authority of public agencies to conduct meetings by teleconference, including video conference, without compliance with all of the Brown Act's limitations on such meetings, which the status of emergency resulting from the COVID-19 pandemic and accompanying recommendations for social distancing remain in place. Consistent with AB 361, the Council must adopt a Resolution consistent with the Governor's State of Emergency, and must review and renew such Resolution every thirty (30) days thereafter. AB 361 will sunset on January 1, 2024. The Council last adopted its Resolution consistent with AB 361 at its meeting on May 17, 2022.

RECOMMENDATION: That the City Council consider adoption of the draft Resolution to continue allowing the option to participate in the City's public meetings remotely through the use of the teleconferencing provisions of AB 361.

ATTACHMENTS: 1. Draft Resolution
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager
RESOLUTION _____-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORTERVILLE

RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY ASSEMBLY BILL 361 ISSUED ON SEPTEMBER 16, 2021, AND AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF ALL LEGISLATIVE BODIES OF THE CITY OF PORTERVILLE FOR THE PERIOD OF THIRTY (30) DAYS PURSUANT TO BROWN

ACT PROVISIONS
WHEREAS, the City Council is committed to preserving and nurturing public access and participation in meetings of all City of Porterville legislative bodies; and, WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950-54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and,
WHEREAS, the Brown Act, Government Code section 54953(e), makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(s), subject to the existence of certain conditions; and, WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and, WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme period to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological, or humancaused disasters; and, WHEREAS, it is further required that State or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and, WHEREAS, a State of Emergency has been proclaimed by the Governor of the State of California; and,
WHEREAS, State and local officials continue to promote social distancing measures and City’s conference chambers limited capacity would present imminent risk to health and safety of attendees; and,
WHEREAS, as a consequence of the State emergency, the City does hereby find that the legislative bodies of the City shall conduct their meetings without compliance with paragraph three (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph two (2) of subdivision (c) of section 54953; and, WHEREAS, the City will give notice of the meeting and post agendas, as described, to allow members of the public to access the meeting and address the legislative body, to give notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call-in option or an internet-based service option, and to conduct the meeting in a manner that protects the statutory and constitutional rights of the parties and the public appearing before the legislative body; and, WHEREAS, the legislative body will not take any further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; and,
WHEREAS, the legislative body will not require public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for the public to address the legislative body and offer comment in real time; and,
WHEREAS, the legislative body will not close the public comment until the public comment period has elapsed or until a reasonable amount of time has elapsed as specified.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Porterville as follows:

SECTION 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference; and, SECTION 2. Ratification of Governor’s Proclamation of a State of Emergency.

The City hereby ratifies the Governor of the State of California’s Proclamation of March 2, 2020; and,
SECTION 3. Remote Teleconference Meetings. The City Manager and legislative bodies of City of Porterville are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act; and, SECTION 4. Effective Date of Resolutions. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of July 6, 2022, or such time the Council adopts a subsequent Resolution in accordance with Government Code section 54953 (e)(3) to extend the time during which the legislative bodies of City of Porterville may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED, APPROVED, AND ADOPTED this 6th day of June, 2022.

Martha A. Flores, Mayor
ATTEST:

John D. Lollis, City Clerk
By:

Patrice Hildreth, Chief Deputy City Clerk
Item No. 15.

CITY COUNCIL AGENDA – JUNE 6, 2022
SUBJECT: Status and Review of Local Emergency: Drought
SOURCE: City Manager's Office
COMMENT:

At its meeting of May 5, 2015, the City Council took action to approve a Resolution Declaring a Drought Emergency in the City of Porterville. At its meeting of May 17, 2022, the Council reviewed the status of existence of local emergency, and acted to continue its Resolution of local emergency.

Governor Brown issued Executive Order B-29-15 on Wednesday, April 1, 2015, which established drought-related mandates and restrictions in addition to those already stipulated in previous Executive Orders B-26-14 and B-28-14. Of significance, the Governor directed the State Water Resources Control Board to impose restrictions to achieve a statewide twenty-five percent (25%) reduction in potable urban water usage through February 28, 2016, in comparison to the amount used in 2013, and with consideration given to per capita usage as a basis. The Governor further directed the Board to impose additional restrictions on commercial, industrial, and institutional properties with significant landscaping (cemeteries, golf courses, parks, schools, etc.), to also achieve a twenty-five (25%) reduction in potable water usage. Also of significance, the Board was directed to prohibit irrigation with potable water outside of newly constructed homes and buildings that is not delivered by drip or micro-spray systems.

On November 13, 2015, Governor Brown issued Executive Order B-36-15, which extends emergency conservation regulations through October 2016, if drought conditions persist through January 2016. On February 2, 2016, the State Water Resources Control Board adopted extended emergency water conservation regulations, to be in effect March 1 through October 31, 2016.

The City of Porterville benefited somewhat from the extended regulations as the City's water conservation rate has been reduced from thirty-two percent (32%) to twenty-six percent (26%), due to new water connections that have been made and population served (4%), as well as a new climate adjustment factor that was considered (2%).

On May 9, 2016, Governor Brown issued Executive Order B-37-16 ("Making Water Conservation a California Way of Life"), which directs the State Water Resources Control Board to establish new regulations making permanent the emergency conservation regulations. On May 18, 2016, the State Water Resources Control Board adopted a statewide water conservation approach that replaces the percentage reduction-based water conservation standard with a Item No. 15.
localized "stress test" approach that mandates urban water suppliers act immediately to ensure at least a three-year supply of water to their customers under continued drought conditions.

On April 7, 2017, Governor Brown issued Executive Order B-40-17, which ended the drought state of emergency in most of California, with the exception of Fresno, Kings, Tulare and Tuolumne counties where emergency water supply and reliability projects are continuing toward addressing diminishing groundwater supplies. The Order maintains monthly reporting requirements and prohibitions on wasteful practices.

On May 31, 2018, Governor Brown signed both AB 1668 (Friedman) and SB 606 (Hertzberg), which set permanent overall targets for indoor and outdoor water consumption. The legislation sets an initial limit for indoor water use of fifty-five (55) gallons per-person per-day in 2022, reducing to 52.5 gallons perperson per-day in 2025, and finally to fifty (50) gallons per-person per-day in 2030. The amount of residential outdoor use is yet-to-be determined, but will allow for varying regional climates. In addition, a standard for water loss due to leak rates in water system pipes will be established. As an urban water provider, the City will need to submit its plan for compliance for approval by the State Water Resources Control Board.

On March 5, 2021, Secretary Vilsack of the United States Department of Agriculture federally-designated Tulare County as a primary natural disaster area due to ongoing drought conditions. On April 21, 2021, Governor Newsom issued a State of Emergency Proclamation due to drought conditions, including Tulare County. On April 27, 2021, the Tulare County Board of Supervisors adopted a Resolution Proclaiming a Local Emergency due to severe drought conditions. On January 4, 2022, the State Water Resources Control Board adopted emergency regulations to supplement voluntary water conservation.

On March 28, 2022, Governor Newsom issued Executive Order N-7-22, that requires the state's largest water providers (including the City of Porterville) to put in place "Level 2" of water shortage contingency plans, which the City is currently in "Level 4."
Initially within the city of Porterville, twenty-six (26) residences within the city were determined to have dry wells, for which City staff submitted a Mutual Aid Request to Tulare County OES to initiate the household tank program for identified properties within the city where wells are dry and challenged for permanent connection. The State has committed funding for non-profit agencies to continue drought-related activities, which Self-Help Enterprises has continued the household tank program locally, through State Cleanup and Abatement Account (CAA) emergency funds.

Representatives for the City, County, State (CalOES, DDW, DWR, and SWB) and non-profit partners continued to meet in support of the long-term permanent water connection project for the entire East Porterville area and the estimated 1,800 expected future connections. DWR identified 423 residential units in the Item No. 15.

East Porterville area (381 of which are in the City's Urban Development Boundary), that were served by the County's Household Tank Program and desired by the State to be connected to the City's water distribution system as soon as possible. DWR has completed a significant City waterline extension project to permanently connect those 423 residential units to the City's water system (considered Phase I of the project). To provide initial source water for the DWR extension project, CalOES desired to expeditiously connect the new well on Olive Avenue to the City's water system instead of being first equipped as a filling station. Given the new well has an estimated water production value of 800 gallons per minute, as well as a SWB assumed 1.5 gallons per minute per residence, the new well could effectively serve up to five hundred (500) single-family residential units. The City indicated its significant interest that the E. Vandalia Avenue area and its eighty (80) residential units be included in the water connection project, to which the State was agreeable.

Given CalOES has paid for the development of the new well, and its connection to the City's water system, the City will be required under "Drought Redundancy and Resiliency Provisions" to make available to the State up to three million gallons of water per month without charge for emergency purposes. On May 7, 2022, Tulare County OES notified the City that due to deteriorating conditions across the county involving small water systems dependent upon the Friant-Kern Canal that may result in the complete lack of water or "Do Not Drink" orders, the State and County may have to invoke the provision of water from the well.

To proceed with the connection of the new well to the City's water system and the 500 East Porterville and E. Vandalia Avenue residential units, the City Council approved modifications to the Draft Agreement between the City and County at its meeting on April 5, 2016, which the County Board of Supervisors subsequently approved at their meeting on May 10, 2016.

A Memorandum of Understanding between the State, County, and City on the East Porterville permanent water connection project was approved by the Council during a Special Meeting on Tuesday, June 21, 2016, and approved by the Board of Supervisors on Tuesday, June 28, 2016. With the approval of the MOU, the State began the permanent connection of approximately forty (40) homes that are located along existing City water mains. Subsequently, the State officially requested that the City approve the connection of an additional thirty (30) residences as part of the first immediate connections, for up to a total of seventy (70), which the Council approved at its meeting on August 2, 2016.

In regards to the new well's development and connection to the City's water distribution system, the Board of Supervisors awarded the contract for equipping and connecting the new well at its meeting on Tuesday, August 16, 2016, and construction activities commenced the week of October 10, 2016.

County staff had previously indicated that the well would be in service and connected to the City's system no later than December 2016, however, the well was operational and connected to the City's water distribution as of Friday, February 17, 2017. Given the delay in the well's completion and connection, Item No. 15.

DWR requested that the Council consider allowing the connection of residences as they become prepared for connection, to which the Council was receptive, and a Draft MOU Amendment was approved by the Council at its meeting on December 6, 2016, and subsequently approved by the Board of Supervisors at is meeting on December 20, 2016. City staff continued to work with County staff toward the transfer of the well's ownership from the County to the City, which at its meeting on April 20, 2021, the Council approved the draft Transfer Agreement subject to the City Attorney's final form.

As of Friday, March 31, 2017, the date the State established as the final day for property owners to complete the registration process to participate in the Statefunded connection program opportunity, of the 1,017 eligible developed residential properties identified by the State for connection, 722 completed the required Extra-Territorial Services Agreement, leaving 295 developed residential properties non-responsive to this unique connection program, twenty-three (23) of which were reported as having either dry or diminishing capacity wells. On February 6, 2018, the final residential connection was made of the approximate eligible eight hundred (800) residences in East Porterville to the City's water system.

City staff continues to coordinate with Self-Help Enterprises and State representatives toward the extension of water mains to serve all residential properties within City limits and the city's periphery that are currently participating in the County's Household Tank Program. The two main areas of focus are N. Cobb Street (northwest of State Route 65 and Pioneer Avenue), and S. Cloverleaf Street (southeast of State Route 65 and Olive Avenue). The State has maintained its commitment to grant-fund the necessary infrastructure and connection fees, providing an official funding letter to the City on January 18, 2018, which commits up to $2.81 million in funding until December 31, 2019. The authorization to advertise for bids for the water connection project was approved by the Council at its July 17th meeting, after which DWR reviewed the bid package for compliance and approved in December the package for advertisement. Council authorized award of the construction contract for approximately $1.82 million at its meeting on January 15, 2019.

City staff conducted a pre-construction public outreach meeting with the affected residents on the status of the project on Thursday, April 4, 2019.

Council authorized the agreement with Self-Help Enterprises Inc. to provide the private residential connections at its meeting on July 2, 2019, and construction work began on the project. At its meeting on October 1, 2019, the Council accepted the public works segment of the project in the installation of water mains as complete, with Self-Help and CSET continuing to collaborate on the completion of the individual private connections and abandonment of private wells. City staff has recently been made aware that there may be a couple of additional residences whose wells are dry that are located along existing City water mains or may require further extension of water mains.

Staff is coordinating with State staff on addressing these new isolated needs.

County OES and the State Division of Drinking Water (DDW) have reported to the City that the Central Mutual Water Company, located south of the city and Item No. 15.
south of Gibbons Avenue, has had its well run dry and desires an immediate emergency connection to the City's water system to serve the forty-one (41) connections currently without water. DDW is wishing to support a financial application to upgrade the small water system to City standards (new water lines, meters ,etc.), and to sponsor an Urban Development Boundary (UDB) Amendment application to Tulare County Local Agency Formation Commission (LAFCO), given this area is currently outside the City's UDB but within the City's Urban Area Boundary (UAB). Given several private wells have run dry in this area, DDW is also attempting to sponsor their connection to the City's water system. For source water capacity for the connections, DWR will include these new connections within the East Porterville water connection capacity development projects. At its Special meeting on August 30, 2019, the City Council directed staff to proceed with the immediate emergency connection of the Central water system, with the permanent connection of the system contingent upon an Agreement with DDW to the sponsorship conditions they have offered. At its meeting on October 1, 2019, the Council directed staff to proceed with the amendment of the UDB to facilitate annexation, which a public meeting with the affected residents was conducted on Wednesday, October 9, 2019. At its meeting on April 21, 2020, the Council conducted a Public Hearing and approved Resolutions of approval of the environmental determination and amendment to the UDB to facilitate annexation. At its meeting on June 1, 2021, the Council approved the State Water Board funding agreement for the development of a City-owned production well, distribution mains and water meters to serve each customer, as well as fire hydrants. On July 20, 2021, the City received notification from the State Water Board that the Akin/Central Water Consolidation Project funding agreement had been formally approved and executed.

DDW has also reported to the City that the Del Oro East Plano water system, located on Paul Street (southeast of the intersection of Plano Street and Worth Avenue), is experiencing problems with its existing well and have implemented severe water restrictions. The East Plano water system serves fourteen (14) residences and approximately forty-five (45) people. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW would need to either pay appropriate fees and/or develop a capacity development project. The Council is aware that the Del Oro Grandview Gardens water system (north of W. North Grand Avenue) is also experiencing significant issues, and DDW may seek their future consolidation with the City's water system as well.

DDW has further reported to the City that the Beverly Grand Mutual Water Company water system, located north of West North Grand Avenue, is experiencing problems with its existing well and water quality issues, and desires its connection to the City's system to serve the thirty-one (31) residences the system serves. DDW is wishing to provide financial support to upgrade the small water system to City standards (new water lines, meters ,etc.), and for source water capacity for the connections, DDW has agreed to pay appropriate fees toward developing a capacity development project, which at its meeting of Item No. 15.

October 3, 2017, the Council approved a purchase agreement with Smee Homes, Inc. for the acquisition of property along the Tule River for the development of a new municipal well. At its meeting of October 1, 2019, the Council approved proceeding with the consolidation of the Beverly Grand water system.

RECOMMENDATION: That the City Council receive the report of status and review of the Declaration of Local Emergency and determine the need exists to continue said Declaration.

ATTACHMENTS: 1. City of Porterville Resolution Declaring Local Drought Emergency: May 5, 2015

2. United States Department of Agriculture Drought Natural Disaster Area Designation: March 5, 2021

3. State of California State of Emergency Proclamation: April 21, 2021

4. County of Tulare Drought Local Emergency Resolution:

April 27, 2021

5. State Water Resources Control Board: Emergency
Regulation - Water Conservation; January 4, 2022

6. Governor Newsom Executive Order N-7-22: March 28,
2022

7. State Water Resources Control Board Funding Agreement:

Akin/Central Water Consolidation Project
Appropriated/Funded:

Review By:

Department Director:

John Lollis, City Manager
Final Approver: John Lollis, City Manager

United States Department of Agriculture
Office of the Secretary
Washington, D.C. 20250
An Equal Opportunity Employer
March 5, 2021
The Honorable Gavin Newsom
Governor
State of California
Sacramento, California 95814
Dear Governor Newsom:

In accordance with 7 CFR 759.5(a), I am designating 50 California counties as primary natural disaster areas due to a recent drought.

According to the U.S. Drought Monitor (see http://droughtmonitor.unl.edu/), these counties suffered from a drought intensity value during the growing season of 1) D2 Drought-Severe for 8 or more consecutive weeks or 2) D3 Drought-Extreme or D4 Drought-Exceptional.

In accordance with section 321(a) of the Consolidated Farm and Rural Development Act, additional areas of your state and adjacent states are named as contiguous disaster counties. Enclosed you will find documentation that provides a detailed list of all primary and contiguous counties impacted by this disaster.

A Secretarial disaster designation makes farm operators in primary counties and those counties contiguous to such primary counties eligible to be considered for certain assistance from the Farm Service Agency (FSA), provided eligibility requirements are met. This assistance includes FSA emergency loans. Farmers in eligible counties have 8 months from the date of a Secretarial disaster declaration to apply for emergency loans. FSA considers each emergency loan application on its own merits, taking into account the extent of production losses on the farm and the security and repayment ability of the operator.

Local FSA offices can provide affected farmers with further information.

Sincerely,
Thomas J. Vilsack
Secretary
Enclosure
Disaster Designation Areas for California and Contiguous States Primary Counties:

California (50)
Alameda Glenn Marin Riverside Solano
Alpine Humboldt Mariposa Sacramento Sonoma
Amador Imperial Mendocino San Bernardino Stanislaus
Butte Inyo Merced San Francisco Sutter
Calaveras Kern Modoc San Joaquin Tehama
Colusa Kings Mono San Mateo Trinity
Contra Costa Lake Napa Santa Clara Tulare
Del Norte Lassen Nevada Shasta Tuolumne
El Dorado Los Angeles Placer Sierra Yolo
Fresno Madera Plumas Siskiyou Yuba
Contiguous Counties:

California (8)
Monterey San Benito San Luis Obispo Santa Cruz
Orange San Diego Santa Barbara Ventura
In addition, in accordance with section 321(a) of the Consolidated Farm and Rural Development Act, counties in adjacent states are named as contiguous disaster areas. Those states, counties, and numbers are:

Contiguous Counties in Adjacent States:

Arizona (3)
La Paz Mohave Yuma
Nevada (8)
Clark Esmeralda Mineral Washoe
Douglas Lyon Nye Carson City
Oregon (5)
Curry Josephine Lake
Jackson Klamath

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
State of Emergency Proclamation
WHEREAS climate change is intensifying the impacts of droughts on our communities, environment and economy, and California must therefore improve drought resiliency and prepare to respond to more frequent, prolonged, and intense dry periods; and
WHEREAS much of the West is experiencing severe to exceptional drought and California is in a second consecutive year of dry conditions, resulting in drought or near-drought throughout many portions of the State; and WHEREAS these drought conditions can result in degraded water quality, fallowing of productive farmland, setbacks to vulnerable and rural communities through job losses and longer-lasting recoveries, significant impacts to tribal, commercial, and recreational salmon fisheries, constraints on access to traditional lifeways, loss of aquatic and terrestrial biodiversity, and ecosystem impacts; and
WHEREAS drought conditions vary across the State and some watersheds, including the Russian River and Klamath Basin, are extremely dry and are facing substantial water supply and ecosystem challenges; and
WHEREAS it is necessary to expeditiously mitigate the effects of the drought conditions within the Russian River Watershed, located within Mendocino and Sonoma counties, to ensure the protection of health, safety, and the environment; and
WHEREAS experience in the last drought has demonstrated the value of preparing earlier for potential sustained dry conditions, the need to improve our monitoring and forecasting capabilities, and many other lessons that are captured in the Administration1s Report to the Legislature on the 2012-2016 Drought; and
WHEREAS the State and its many partners have strengthened drought resilience since the last drought including state investments in water management systems, implementation of the Sustainable Groundwater Management Act, establishment of the Safe and Affordable Fund for Equity and Resilience Program, development of the Administration's Water Resilience Portfolio, and continued water conservation by Californians whose current statewide urban water use is 16% lower than at the beginning of the last drought; and
WHEREAS state agencies have been actively responding to current drought conditions and preparing for the possibility of a third dry year including through convenings of the interagency drought team, which was established at my direction, to organize, focus, and track changing conditions, coordinate state agency responses, and work closely with partners across the State; and WHEREAS under the provisions of Government Code section 8558(b), I find that the conditions caused by the drought conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single local government and require the combined forces of a mutual aid region or regions to appropriately respond; and
WHEREAS under the provisions of Government Code section 8625(c), I find that local authority is inadequate to cope with the drought conditions; and WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of, the drought conditions within the Russian River Watershed, and under the provisions of Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions of the Russian River Watershed, located within Mendocino and Sonoma counties.

NOW THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, section 8625, HEREBY PROCLAIM A STATE OF EMERGENCY to exist in Mendocino and Sonoma counties due to drought conditions in the Russian River Watershed.

IT IS HEREBY ORDERED THAT:

1. To further the success of California's water conservation efforts and increase our drought preparedness, state agencies shall partner with local water districts and utilities to make all Californians aware of drought, and encourage actions to reduce water usage by promoting the Department of Water Resources' Save Our Water campaign
(https://saveourwater.com) and other water conservation programs.

2. To continue coordination with partners across the State for the potential of prolonged drought impacts, the Department of Water Resources, the State Water Resources Control Board (Water Board), the Department of Fish and Wildlife, and the Department of Food and Agriculture shall work with regional and local governments, including groundwater sustainability agencies, to identify watersheds, communities, public water systems, and ecosystems that may require coordinated state and local actions to address issues stemming from continued dry conditions, to ensure that we can respond to water shortages and protect people, natural resources and economic activity.

3. To continue partnership and coordination with Californian Native American tribes, state agencies shall engage in consultation, collaboration, and communication with California Native American tribes to assist them in necessary preparation and response to drought conditions on tribal lands and potential impacts to cultural and traditional resources within ancestral lands.

4. To prioritize drought response and preparedness resources, the Department of Water Resources, the Water Board, the Department of Fish and Wildlife and the Department of Food and Agriculture, in consultation with the Department of Finance, shall:
a. Accelerate funding for water supply enhancement, water conservation, or species conservation projects.
b. Identify unspent funds that can be repurposed to enable projects to address drought impacts to people, ecosystems, and economic activities.
c. Recommend additional financial support for water resilience infrastructure projects and actions for potential inclusion in the upcoming May Revision.

5. To increase resilience of our water supplies during drought conditions, the Department of Water Resources shall:
a. Work with counties to encourage reporting of household water shortages, such as dry residential wells, on the website the Department maintains for that purpose, to enable tracking of drought impacts.
b. Work with counties, and groundwater sustainability agencies as appropriate, to help ensure that well drillers submit required groundwater well logs for newly constructed and deepened wells in a timely manner.
c. Work with agricultural water suppliers and agricultural water users to provide technical assistance, including implementation of efficient water management practices and use of technology such as the California Irrigation Management Information System.
d. Work with urban and agricultural water suppliers to encourage timely submittal by water districts and public posting of urban water management and water shortage contingency plans and
agricultural water management and drought plans.
e. Accelerate updating the land subsidence data it is providing to support implementation of the Sustainable Groundwater
Management Act.

6. To increase resilience of our water systems during drought conditions, the Water Board shall:
a. Use its authority, provide technical assistance, and where feasible provide financial assistance, to support regular reporting of drinking water supply well levels and reservoir water levels where the Water Board determines that there is risk of supply failure because of lowering groundwater levels or reservoir levels that may fall below public water system intakes.
b. Prioritize the permitting of public water systems that anticipate the need to activate additional supply wells where water quality is a concern and treatment installation needs to proceed to relieve a system's potential supply concerns.
c. Provide annual water demand data, information on water right priority, and other communications on water availability on its website.
d. Identify watersheds where current diversion data is insufficient to evaluate supply impacts caused by dry conditions, and take actions to ensure prompt submittal of missing data in those watersheds.

7. To address the acutely dry conditions in the Russian River Watershed, the Water Board shall consider:
a. Modifying requirements for reservoir releases or diversion limitations in that watershed to ensure adequate, minimal water supplies for critical purposes.
b. Adopting emergency regulations to curtail water diversions when water is not available at water rights holders' priority of right or to protect releases of stored water.

For purposes of carrying out this directive, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are suspended in the counties of Mendocino and Sonoma to the extent necessary to address the impacts of the drought in the Russian River Watershed. The Water Board shall identify the projects eligible for the suspensions pursuant to this paragraph and maintain on its websites a list of the activities or approvals for which these provisions are suspended.

8. To ensure that equipment and services necessary for drought response in the Russian River Watershed can be procured quickly, the provisions of the Government Code and the Public Contract Code applicable to procurement, state contracts, and fleet assets, including, but not limited to, advertising and competitive bidding requirements, are hereby suspended to the extent necessary to address the effects of the drought in the Russian River Watershed, located within Mendocino and Sonoma counties. Approval of the Department of Finance is required prior to the execution of any contract entered into pursuant to this provision.

9. To increase the resilience of our natural habitats to protect vulnerable species during drought conditions, the Department of Fish and Wildlife shall:
a. Evaluate and take actions to protect terrestrial and aquatic species and, wherever possible, work with water users and other parties on voluntary measures to protect species.
b. Work to improve State hatcheries and increase water use efficiency on State wildlife areas and ecological reserves to maintain habitat for vulnerable species.
c. Respond to human-wildlife interactions related to ongoing dry conditions and increase public messaging and awareness. d. Work with commercial and recreational salmon fishing and tribal representatives to anticipate and develop strategies to mitigate and respond to salmon fishery impacts, with particular emphasis on addressing impacts to salmon fisheries in the Klamath Basin.

10.To support our agricultural economy and food security during drought conditions, the Department of Food and Agriculture shall:
a. Provide technical assistance to support conservation planning, onfarm water and energy conservation practices and technologies, including augmenting the State Water Efficiency and Enhancement Program.
b. Conduct an economic analysis of drought impacts to agriculture, including land use, jobs, and rural food economies, expanding on existing research done in the last drought to include thorough regional analysis especially in the Central Valley, and in the implementation of the Sustainable Groundwater Management Act and alternative land uses for fallowed land.
c. Maintain a web page with drought resources for farmers and ranchers, including the United States Department of Agriculture and other federal and state resources.
d. Work with federal agencies to assist Klamath Basin farmers and ranchers contending with reduced water supplies.

11.To ensure the potential impacts of drought on communities are anticipated and proactively addressed, the Department of Water Resources, in coordination with the Water Board, shall develop groundwater management principles and strategies to monitor, analyze, and minimize impacts to drinking water wells.

12.To provide critical information on the different drought conditions across the State, the Department of Water Resources, in consultation with the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Water Board, shall develop a California Drought Monitor by December 31, 2021, as recommended in the Administration's Report to the Legislature on the 2012-2016 Drought.

13.To prepare for potential salinity issues in the Delta, the Department of Water Resources, in consultation with the Water Board, the Department of Fish and Wildlife, the Delta Stewardship Council, and the Central Valley Flood Protection Board, shall initiate actions necessary to prepare for and address potential Delta salinity issues during prolonged drought conditions.

14.To prepare for potential impacts of drought conditions on species, the Water Board and the Department of Fish and Wildlife shall work with federal agency partners to manage temperature conditions for the preservation of fish in the Sacramento River downstream of Shasta Dam while balancing water supply needs.

This Proclamation is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

I FURTHER DIRECT that as soon as hereafter possible, this Proclamation be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Proclamation.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of alifornia t be affixed this 21st
day of ril 2021
ATTEST:

RESOLUTION PROCLAIMING A LOCAL EMERGENCY

BY THE BOARD OF SUPERVISORS

COUNTY OF TULARE, STATE OF CALIFORNIA

IN THE MATTER OF A

LOCAL EMERGENCY DUE TO )

SEVERE DROUGHT CONDITIONS)
RESOLUTION NO. 2021-0290
WHEREAS, California's most recent drought spanning from approximately 2012 to 2018 required the proclamation of a Local Emergency by the County of Tulare from February 2014 to November 2019, as well as a Governor's State of Emergency and the combined resources of multiple local, state, and federal agencies, commercial entities, and non-profit organizations to mitigate; and
WHEREAS, over 3,000 failed or dry wells - including private domestic, community, and agricultural wells - were reported to Tulare County from 2014 to 2017 as a result of the prior drought, causing significant health, safety, and economic issues for Tulare County residents and businesses; and
WHEREAS, well over $100 million in emergency relief and permanent infrastructure projects were expended to mitigate the effects of the prior drought; and WHEREAS, a hydrological year ("water year") runs from October 1 to September 30 of the following year; and
WHEREAS, the current water year beginning October 1, 2020 is, to date, the third-driest on record, with potential to become the driest on record without significant additional precipitation which is unlikely to occur during the traditionally dry months; and WHEREAS, the United States Drought Monitor shows that 94.51 % of Tulare County is currently experiencing "Extreme Drought" (D3) conditions and the remaining 5.49% is in "Severe Drought" (D2) conditions, and the County of Tulare anticipates that these conditions will progress to "Exceptional Drought" (D4) conditions as occurred in the prior drought based on the current Southern Sierra snowpack measured at only 15% of historical average for April 1st, drastically reduced surface water allocations on the State Water Project and Central Valley Project, and correspondingly low water levels in local reservoirs ; and WHEREAS, surface water supply constraints create a demonstrable and unsustainable increase in demand for groundwater which is likely to cause additional dry wells for community water systems, private domestic wells, and agricultural wells, creating economic hardships and conditions of extreme peril to the health and safety of individuals within Tulare County requiring the combined forces of all levels of government to mitigate; and WHEREAS, California Government Code section 8630 empowers the Board of Supervisors to proclaim the existence or threatened existence of a local emergency; and WHEREAS, Section 1-15-1005 of the Tulare County Ordinance Code defines "emergency" to include "the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within [Tulare] County caused by such conditions as air pollution, fire, flood , storm , epidemic, riot, earthquake, or other conditions, ... which conditions are or are likely to be beyond the control of the services, personnel, equipment, and facilities of [Tulare] County, requiring the combined forces of other political subdivisions to combat"; and
NOW, THEREFORE, IT IS HEREBY PROCLAIMED that a local emergency now exists throughout said Tulare County due to drought which has created conditions of disaster and extreme peril to the safety of persons and property within the County, and that such conditions are or are likely to be beyond the control of the services, personnel , equipment, and/or facilities of this County, thus requiring the combined forces of other political subdivisions to combat; and IT IS FURTHER PROCLAIMED that this local emergency is proclaimed pursuant to the California Emergency Services Act, California Government Code §8550 et seq.; and IT IS REQUESTED that the Governor of the State of California find and proclaim Tulare County to be in a State of Emergency, and make available any and all material and financial support and resources necessary to combat the conditions of disaster, including but not limited to California Disaster Assistance Act funding for emergency protective measures and increased funding to relevant programs of the State Water Resources Control Board and Department of Water Resources ; and
IT IS FURTHER REQUESTED that the Governor waive and all regulations and statutes that may hinder response to this emergency; and
IT IS PROCLAIMED AND ORDERED that during the existence of said local emergency, the powers, functions, and duties of the emergency organization of Tulare County shall be those prescribed by State law, by ordinances and resolutions of Tulare County, and by the Tulare County Operational Area Emergency Operations Plan, as approved by the Board of Supervisors.

UPON MOTION OF SUPERVISOR MICARI, SECONDED BY SUPERVISOR

TOWNSEND, THE FOLLOWING WAS ADOPTED BY THE BOARD OF
SUPERVISORS, AT AN OFFICIAL MEETING HELD APRIL 27, 2021 , BY THE FOLLOWING VOTE:

AYES: SUPERVISORS MICARI , VANDERPOEL, SHUKLIAN, VALERO AND

TOWNSEND
NOES: NONE
ABSTAIN : NONE
ABSENT: NONE
~~~smia~rp__e:w. "fl
ATTEST:

BY:

JASON T. BRITT

COUNTY ADMINISTRATIVE OFFICER/

CLERK, BOARD OF SUPERVISORS

STATE WATER RESOURCES CONTROL BOARD
RESOLUTION NO. 2022-0002

TO ADOPT AN EMERGENCY REGULATION

TO SUPPLEMENT VOLUNTARY WATER CONSERVATION
WHEREAS:

1. On April 21, May 10, and July 8, 2021, Governor Newsom issued proclamations that a state of emergency exists in a total of 50 counties due to severe drought conditions and directed state agencies to take immediate action to preserve critical water supplies and mitigate the effects of drought and ensure the protection of health, safety, and the environment.

2. On October 19, 2021, Governor Newsom signed a proclamation extending the drought emergency statewide and further urging Californians to reduce their water use.

3. There is no guarantee that winter precipitation will alleviate the current drought conditions.

4. Many Californians have taken bold steps over the years to reduce water use; nevertheless, the severity of the current drought and uncertainty about Water Year 2022 require additional conservation actions from residents and businesses.

5. Water conservation is the easiest, most efficient, and most cost-effective way to quickly reduce water demand and extend supplies into the next year, providing flexibility for all California communities. Water saved is water available next year, giving water suppliers the flexibility to manage their systems efficiently. The more water that is conserved now, the less likely it is that a community will experience such dire circumstances or that water rationing will be required.

6. Most Californians use more water outdoors than indoors. In many areas, 50 percent or more of daily water use is for lawns and outdoor landscaping. Outdoor water use is generally discretionary, and many irrigated landscapes would not suffer greatly from receiving a decreased amount of water.
2 7. Public information and awareness are critical to achieving conservation goals, and the Save Our Water campaign (SaveOurWater.com), run jointly by the Department of Water Resources (DWR) and the Association of California Water Agencies, is an excellent resource for conservation information and messaging that is integral to effective drought response.

8. SaveWater.CA.Gov is an online tool designed to help save water in communities. This website lets anyone easily report water waste from their phone, tablet, or computer by simply selecting the type of water waste they see, typing in the address where the waste is occurring, and clicking send.

These reports are filed directly with the State Water Resources Control Board (State Water Board or Board) and relevant local water supplier.

9. Enforcement against water waste is a key tool in conservation programs.

When conservation becomes a social norm in a community, the need for enforcement is reduced or eliminated.

10. On October 19, 2021, the Governor suspended the environmental review required by the California Environmental Quality Act to allow State Water Board-adopted drought conservation emergency regulations and other actions to take place quickly to respond to emergency conditions.

11. Water Code section 1058.5 grants the State Water Board the authority to adopt emergency regulations in certain drought years in order to: “prevent the waste, unreasonable use, unreasonable method of use, or unreasonable method of diversion, of water, to promote water recycling or water conservation, to require curtailment of diversions when water is not available under the diverter’s priority of right, or in furtherance of any of the foregoing, to require reporting of diversion or use or the preparation of monitoring reports.”

12. On November 30, 2021, the State Water Board issued public notice that the State Water Board would consider the adoption of the regulation at the Board’s regularly scheduled January 4, 2022 public meeting, in accordance with applicable State laws and regulations. The State Water Board also distributed for public review and comment a Finding of Emergency that complies with State laws and regulations.

13. The emergency regulation sets a minimum standard that many communities are already doing more but not everyone is taking these lowcost, easy to implement actions that can save significant amounts of water during a drought emergency.
3 14. Disadvantaged communities may require assistance in increasing water conservation, and state and local agencies should look for opportunities to provide assistance in promoting water conservation, including but not limited to translation of regulation text and dissemination of water conservation announcements into languages spoken by at least 10 percent of the people who reside in a water supplier’s service area, such as in newspaper advertisements, bill inserts, website homepage, social media, and notices in public libraries.

15. The Board directs staff to consider the following in pursuing any enforcement of section 995, subdivision (b)(1)(A)-(F): before imposing monetary penalties, staff shall provide one or more warnings; monetary penalties must be based on an ability to pay determination, consider allowing a payment plan of at least 12 months, and shall not result in a tax lien; and Board enforcement shall not result in shutoff.

16. The Board encourages entities other than Board staff that consider any enforcement of this regulation to apply these same factors identified in resolved paragraph 15. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Moreover, the Water Code does not impose a mandatory penalty for violations of the regulation adopted by this resolution, and local agencies retain their enforcement discretion in enforcing the regulation, to the extent authorized, and may develop their own progressive enforcement practices to encourage conservation.

THEREFORE BE IT RESOLVED THAT:

1. The State Water Board adopts California Code of Regulations, title 23, section 995, as appended to this resolution as an emergency regulation.

2. State Water Board staff will submit the regulation to the Office of Administrative Law (OAL) for final approval.

3. If, during the approval process, State Water Board staff, the State Water Board, or OAL determines that minor corrections to the language of the regulation or supporting documentation are needed for clarity or consistency, the State Water Board Executive Director or designee may make such changes.
4 4. This regulation shall remain in effect for one year after filing with the Secretary of State unless the State Water Board determines that it is no longer necessary due to changed conditions or unless the State Water Board renews the regulation due to continued drought conditions, as described in Water Code section 1058.5.

5. The State Water Board directs State Water Board staff to work with the Department of Water Resources and the Save Our Water campaign to disseminate information regarding the emergency regulations.

6. Nothing in the regulation or in the enforcement provisions of the regulation precludes a local agency from exercising its authority to adopt more stringent conservation measures. Local agencies are encouraged to develop their own progressive enforcement practices to promote conservation.

CERTIFICATION
The undersigned Clerk to the Board does hereby certify that the foregoing is a full, true, and correct copy of a resolution duly and regularly adopted at a meeting of the State Water Resources Control Board held on January 4, 2022.

AYE: Vice Chair Dorene D’Adamo
Board Member Sean Maguire
Board Member Laurel Firestone
Board Member Nichole Morgan
NAY: None
ABSENT: Chair E. Joaquin Esquivel
ABSTAIN: None
Jeanine Townsend
Clerk to the Board
5 ADOPTED TEXT OF EMERGENCY REGULATION
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 3.5. Urban Water Use Efficiency and Conservation Article 2. Prevention of Drought Wasteful Water Uses
§ 995. Wasteful and Unreasonable Water Uses.
(a) As used in this section:
(1) “Turf” has the same meaning as in section 491.
(2) “Incidental runoff” means unintended amounts (volume) of runoff, such as unintended, minimal overspray from sprinklers that escapes the area of intended use.

Water leaving an intended use area is not considered incidental if it is part of the facility or system design, if it is due to excessive application, if it is due to intentional overflow or application, or if it is due to negligence.
(b)(1) To prevent the unreasonable use of water and to promote water conservation, the use of water is prohibited as identified in this subdivision for the following actions:
(A) The application of potable water to outdoor landscapes in a manner that causes more than incidental runoff such that water flows onto adjacent property, non-irrigated areas, private and public walkways, roadways, parking lots, or structures;
(B) The use of a hose that dispenses water to wash a motor vehicle, except where the hose is fitted with a shut-off nozzle or device attached to it that causes it to cease dispensing water immediately when not in use; (C) The use of potable water for washing sidewalks, driveways, buildings, structures, patios, parking lots, or other hard surfaced areas, except in cases where health and safety are at risk;
(D) The use of potable water for street cleaning or construction site preparation purposes, unless no other method can be used or as needed to protect the health and safety of the public;
(E) The use of potable water for decorative fountains or the filling or topping-off of decorative lakes or ponds, with exceptions for those decorative fountains, lakes, or ponds that use pumps to recirculate water and only require refilling to replace evaporative losses;
(F) The application of water to irrigate turf and ornamental landscapes during and within 48 hours after measurable rainfall of at least one fourth of one inch of rain.

In determining whether measurable rainfall of at least fourth of one inch of rain occurred in a given area, enforcement may be based on records of the National Weather Service, the closest CIMIS station to the parcel, or any other reliable source of rainfall data available to the entity undertaking enforcement of this subdivision; and
(G) The use of potable water for irrigation of ornamental turf on public street medians.
6 (2) Notwithstanding subdivision (b)(1), the use of water is not prohibited by this section to the extent necessary to address an immediate health and safety need. This may include, but is not limited to, the use of potable water in a fountain or water feature when required to be potable because human contact is expected to occur. (c)(1) To prevent the unreasonable use of water and to promote water conservation, any homeowners’ association or community service organization or similar entity is prohibited from:
(A) Taking or threatening to take any action to enforce any provision of the governing documents or architectural or landscaping guidelines or policies of a common interest development where that provision is void or unenforceable under section 4735, subdivisions (a) and (b) of the Civil Code; (B) Imposing or threatening to impose a fine, assessment, or other monetary penalty against any owner of a separate interest for reducing or eliminating the watering of vegetation or lawns during a declared drought emergency, as described in section 4735, subdivision (c) of the Civil Code; or (C) Requiring an owner of a separate interest upon which water-efficient landscaping measures have been installed in response to a declared drought emergency, as described in section 4735, subdivisions (c) and (d) of the Civil Code, to reverse or remove the water-efficient landscaping measures upon the conclusion of the state of emergency.
(2) As used in this subdivision:
(A) “Architectural or landscaping guidelines or policies” includes any formal or informal rules other than the governing documents of a common interest development.
(B) “Homeowners’ association” means an “association” as defined in section 4080 of the Civil Code.
(C) “Common interest development” has the same meaning as in section 4100 of the Civil Code.
(D) “Community service organization or similar entity” has the same meaning as in section 4110 of the Civil Code.
(E) “Governing documents” has the same meaning as in section 4150 of the Civil Code.
(F) “Separate interest” has the same meaning as in section 4185 of the Civil Code.
(3) If a disciplinary proceeding or other proceeding to enforce a rule in violation of subdivision (c)(1) is initiated, each day the proceeding remains pending shall constitute a separate violation of this regulation.
(d) To prevent the unreasonable use of water and to promote water conservation, any city, county, or city and county is prohibited from imposing a fine under any local maintenance ordinance or other relevant ordinance as prohibited by section 8627.7 of the Government Code.
7 (e) The taking of any action prohibited in subdivision (b), (c) or (d) is an infraction punishable by a fine of up to five hundred dollars ($500) for each day in which the violation occurs. The fine for the infraction is in addition to, and does not supersede or limit, any other remedies, civil or criminal.
(f) A decision or order issued under this section by the Board or an officer or employee of the Board is subject to reconsideration under article 2 (commencing with section 1122) of chapter 4 of part 1 of division 2 of the Water Code.

Authority: Section 1058.5, Water Code.

References: Article X, Section 2, California Constitution; Sections 4080, 4100, 4110, 4150, 4185, and 4735, Civil Code; Section 8627.7, Government Code; Sections 102, 104, 105, 275, 350, 491, and 1122, Water Code; Light v. State Water Resources Control Board (2014) 226 Cal.App.4th 1463; Stanford Vina Ranch Irrigation Co. v. State of California (2020) 50 Cal.App.5th 976.

EXECUTIVE DEPARTMENT

STATE OF CALIFORNIA
EXECUTIVE ORDER N-7-22
WHEREAS on April 12, 202 l, May l 0, 2021, July 8, 202 l, and October 19, 2021, I proclaimed states of emergency that continue today and exist across all the counties of California, due to extreme and expanding drought conditions; and
WHEREAS climate change continues to intensify the impacts of droughts on our communities, environment, and economy, and California is in a third consecutive year of dry conditions, resulting in continuing drought in all parts of the State; and
WHEREAS the 21st century to date has been characterized by record warmth and predominantly dry conditions, and the 2021 meteorological summer in California and the rest of the western United States was the hottest on record; and
WHEREAS since my October 19, 2021 Proclamation, early rains in October and December 2021 gave way to the driest January and February in recorded history for the watersheds that provide much of California's water supply; and WHEREAS the ongoing drought will have significant, immediate impacts on communities with vulnerable water supplies, farms that rely on irrigation to grow food and fiber, and fish and wildlife that rely on stream flows and cool water; and
WHEREAS the two largest reservoirs of the Central Valley Project, which supplies water to farms and communities in the Central Valley and the Santa Clara Valley and provides critical cold-water habitat for salmon and other anadromous fish, have water storage levels that are approximately l .1 million acre-feet below last year's low levels on this date; and WHEREAS the record-breaking dry period in January and February and the absence of significant rains in March have required the Department of Water Resources to reduce anticipated deliveries from the State Water Project to 5 percent of requested supplies; and
WHEREAS delivery of water by bottle or truck is necessary to protect human safety and public health in those places where water supplies are disrupted; and
WHEREAS groundwater use accounts for 41 percent of the State's total water supply on an average annual basis but as much as 58 percent in a critically dry year, and approximately 85 percent of public water systems rely on groundwater as their primary supply; and
WHEREAS coordination between local entities that approve permits for new groundwater wells and local groundwater sustainability agencies is important to achieving sustainable levels of groundwater in critically overdrafted basins; and
WHEREAS the duration of the drought, especially following a multiyear drought that abated only five years ago, underscores the need for California to redouble near-, medium-, and long-term efforts to adapt its water management and delivery systems to a changing climate, shifting precipitation patterns, and water scarcity; and
WHEREAS the most consequential, immediate action Californians can take to extend available supplies is to voluntarily reduce their water use by 15 percent from their 2020 levels by implementing the commonsense measures identified in operative paragraph 1 of Executive Order N-10-21 (July 8, 2021 ); and
WHEREAS to protect public health and safety, it is critical the State take certain immediate actions without undue delay to prepare for and mitigate the effects of the drought conditions, and under Government Code section 8571, I find that strict compliance with various statutes and regulations specified in this Proclamation would prevent, hinder, or delay the mitigation of the effects of the drought conditions.

NOW, THEREFORE, I, GAVIN NEWSOM, Governor of the State of California, in accordance with the authority vested in me by the State Constitution and statutes, including the California Emergency Services Act, and in particular, Government Code sections 8567, 8571, and 8627, do hereby issue the following Order to become effective immediately:

IT IS HEREBY ORDERED THAT:

1. The orders and provisions contained in my April 21, 2021, May 10, 2021, July 8, 2021, and October 19, 2021 Proclamations remain in fu ll force and effect, except as modified by those Proclamations and herein.

State agencies shall continue to implement all directions from those Proclamations and accelerate implementation where feasible.

2. To help the State achieve its conservation goals and ensure sufficient water for essential indoor and outdoor use, I call on all Californians to strive to limit summertime water use and to use water more efficiently indoors and out. The statewide Save Our Water conservation campaign at SaveOurWater.com provides simple ways for Californians to reduce water use in their everyday lives. Furthermore, I encourage Californians to understand and track the amount of water they use and measure their progress toward their conservation goals.

3. By May 25, .2022, the State Water Resources Control Board (Water Board) shall consider adopting emergency regulations that include all of the following:
a. A requirement that each urban water supplier, as defined in section 10617 of the Water Code, shall submit to the Department of Water Resources a preliminary annual water supply and demand assessment consistent with section 10632.1 of the Water Code no later than June 1, 2022, and submit a final annual water supply and demand assessment to the Department of Water Resources no later than the deadline set by section 10632.1 of the Water Code;
b. A requirement that each urban water supplier that has submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum, the shortage response actions adopted under section 10632 of the Water Code for a shortage level of up to twenty percent (Level 2), by a date to be set by the Water Board; and
c. A requirement that each urban water supplier that has not submitted a water shortage contingency plan to the
Department of Water Resources implement, at a minimum,
shortage response actions established by the Water Board, which shall take into consideration model actions that the Department of Water Resources shall develop for urban water supplier water shortage contingency planning for Level 2, by a date to be set by the Water Board.

To further conserve water and improve drought resiliency if the drought lasts beyond this year, I encourage urban water suppliers to conserve more than required by the emergency regulations described in this paragraph and to voluntarily activate more stringent local requirements based on a shortage level of up to thirty percent (Level 3).

4. To promote water conservation, the Department of Water Resources shall consult with leaders in the commercial, industrial, and institutional sectors to develop strategies for improving water conservation, including direct technical assistance, financial assistance, and other approaches. By May 25, 2022, the Water Board shall consider adopting emergency regulations defining "non-functional turf" (that is, a definition of turf that is ornamental and not otherwise used for human recreation purposes such as school fields, sports fields, and parks) and banning irrigation of non-functional turf in the commercial, industrial, and institutional sectors except as it may be required to ensure the health of trees and other perennial non-turf plantings.

5. In order to maximize the efficient use of water and to preserve water supplies critical to human health and safety and the environment, Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended, with respect to the directives in paragraphs 3 and 4 of this Order and any other projects and activities for the purpose of water conservation to the extent necessary to address the impacts of the drought, and any permits necessary to carry out such projects or activities. Entities that desire to conduct activities under this suspension, other than the directives in paragraphs 3 and 4 of this Order, shall first request that the Secretary of the Natural Resources Agency make a determination that the proposed activities are eligible to be conducted under this suspension. The Secretary shall use sound discretion in applying this Executive Order to ensure that the suspension serves the purpose of accelerating conservation projects that are necessary to address impacts of the drought, while at the same time protecting public health and the environment. The entities implementing these directives or conducting activities under this suspension shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

6. To support voluntary approaches to improve fish habitat that would require change petitions under Water Code section 1707 and either Water Code sections 1425 through 1432 or Water Code sections 1725 through 1732, and where the primary purpose is to improve conditions for fish, the Water Board shall expeditiously consider petitions that add a fish and wildlife beneficial use or point of diversion and place of storage to improve conditions for anadromous fish. California Code of Regulations, title 23, section 1064, subdivisions ( a) ( 1) (A) (i)-(ii) are suspended with respect to any petition that is subject to this paragraph.

7. To facilitate the hauling of water for domestic use by local communities and domestic water users threatened with the loss of water supply or degraded water quality resulting from drought, any ordinance, regulation, prohibition, policy, or requirement of any kind adopted by a public agency that prohibits the hauling of water out of the water's basin of origin or a public agency's jurisdiction is hereby suspended. The suspension authorized pursuant to this paragraph shall be limited to the hauling of water by truck or bottle to be used for human consumption, cooking, or sanitation in communities or residences threatened with the loss of affordable safe drinking water.

Nothing in this paragraph limits any public health or safety requirement to ensure the safety of hauled water.

8. The Water Board shall expand inspections to determine whether illegal diversions or wasteful or unreasonable use of water are occurring and bring enforcement actions against illegal diverters and those engaging in the wasteful and unreasonable use of water. When access is not granted by a property owner, the Water Board may obtain an inspection warrant pursuant to the procedures set forth in Title 13 (commencing with section 1822.50) of Part 3 of the Code of Civil Procedure for the purposes of conducting an inspection pursuant to this directive.

9. To protect health, safety, and the environment during this drought emergency, a county, city, or other public agency shall not:
a. Approve a permit for a new groundwater well or for alteration of an existing well in a basin subject to the Sustainable
Groundwater Management Act and classified as medium- or high-priority without first obtaining written verification from a Groundwater Sustainability Agency managing the basin or area of the basin where the well is proposed to be located that groundwater extraction by the proposed well would not be inconsistent with any sustainable groundwater management program established in any applicable Groundwater
Sustainability Plan adopted by that Groundwater Sustainability Agency and would not decrease the likelihood of achieving a sustainability goal for the basin covered by such a plan; or b. Issue a permit for a new groundwater well or for alteration of an existing well without first determining that extraction of groundwater from the proposed well is (1) not likely to interfere with the production and functioning of existing nearby wells, and (2) not likely to cause subsidence that would adversely impact or damage nearby infrastructure.

This paragraph shall not apply to permits for wells that will provide less than two acre-feet per year of groundwater for individual domestic users, or that will exclusively provide groundwater to public water supply systems as defined in section 116275 of the Health and Safety Code.

10. To address household or small community drinking water shortages dependent upon groundwater wells that have failed due to drought conditions, the Department of Water Resources shall work with other state agencies to investigate expedited regulatory pathways to modify, repair, or reconstruct failed household or small community or public supply wells, while recognizing the need to ensure the sustainability of such wells as provided for in paragraph 9.

11. State agencies shall collaborate with tribes and federal, regional, and local agencies on actions related to promoting groundwater recharge and increasing storage.

12. To help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the Water Board and Regional Water Quality Control Boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. For the purposes of carrying out this paragraph, Division 13 (commencing with section 21000) of the Public Resources Code and regulations adopted pursuant to that Division, and Chapter 3 ( commencing with section 85225) of Part 3 of Division 35 of the Water Code and regulations adopted pursuant thereto are hereby suspended to the extent necessary to address the impacts of the drought. This suspension applies to (a) any actions taken by state agencies, (b) any actions taken by local agencies where the state agency with primary responsibility for the implementation of the directives concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b). The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

13. With respect to recharge projects under either Flood-Managed Aquifer Recharge or the Department of Water Resources Sustainable Groundwater Management Grant Program occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, for any (a) actions taken by state agencies, (b) actions taken by a local agency where the Department of Water Resources concurs that local action is required, and (c) permits necessary to carry out actions under (a) or (b), Public Resources Code, Division 13 (commencing with section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought. The entities implementing these directives shall maintain on their websites a list of all activities or approvals for which these provisions are suspended.

14. To increase resilience of.state water supplies during prolonged drought conditions, the Department of Water Resources shall prepare for the potential creation and implementation of a multi-year transfer program pilot project for the purpose of acquiring water from willing partners and storing and conveying water to areas of need.

15. By April 15, 2022, state agencies shall submit to the Department of Finance for my consideration proposals to mitigate the worsening effects of severe drought, including emergency assistance to communities and households and others facing water shortages as a result of the drought, facilitation of groundwater recharge and wastewater recycling, improvements in water use efficiency, protection of fish and wildlife, mitigation of drought-related economic or water-supply disruption, and other potential investments to support short- and long-term drought response.

IT IS FURTHER ORDERED that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given of this Order.

This Order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its agencies, departments, entities, officers, employees, or any other person.

IN WITNESS WHEREOF I have hereunto set
my hand and caused the Great Seal of the
State of California to be affixed this 28th
day of March 2022.

I I
,:, .
l · I'
t (.1 I
l~~-~-- GAVIN NEWSOM
Governor of California
ATTEST:

SHIRLEY N. WEBER, PH.D.

Secretary of State

DRINKING WATER CONSTRUCTION
LOAN
AGREEMENT NO. SWRCB0000000000D2002017
by and between
CITY OF PORTERVILLE (“Recipient”)
and
CALIFORNIA STATE WATER RESOURCES CONTROL BOARD (“State Water Board”) for the purpose of the

AKIN/CENTRAL WATER CONSOLIDATION PROJECT
5410010-018C AND 5400655-001C (“Project”)
• Section 116760 et seq. of the Health and Safety Code and Resolution Nos. 2019-0065 and 2020- 0022.

PROJECT FUNDING AMOUNT: $4,787,664
PRINCIPAL FORGIVENESS COMPONENT: $4,787,664
ESTIMATED REASONABLE PROJECT COST: $4,787,664
ELIGIBLE WORK START DATE: JULY 1, 2016
ELIGIBLE CONSTRUCTION START DATE: SEPTEMBER 22, 2020
CONSTRUCTION COMPLETION DATE: OCTOBER 1, 2023
FINAL REIMBURSEMENT REQUEST DATE: APRIL 1, 2024
RECORDS RETENTION END DATE: OCTOBER 1, 2059
City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

3pg18xi20

1. The State Water Board and the Recipient mutually promise, covenant, and agree to the terms, provisions, and conditions of this Agreement, including the following Exhibits, which are attached hereto or are incorporated by reference:
• Exhibit A – Scope of Work and Schedule
• Exhibit B – Specific Funding Provisions
• Exhibit C – GENERAL TERMS AND CONDITIONS 2019-NOV
• Exhibit D – Special Conditions

2. The following documents are also incorporated by reference:
• the Drinking Water System Permit No. 03-12-06P-004;
• the Davis-Bacon requirements found at:
https://www.waterboards.ca.gov/water_issues/programs/grants_loans/srf/docs/davisbacon/2020_ dwsrf_governmental_entities.pdf

3. Party Contacts during the term of this Agreement are:

State Water Board City of Porterville
Section: Division of Financial Assistance
Name: Pete Stamas, Project Manager Name: Monte Reyes, Mayor Address: 1001 I Street, 16th Floor Address: 291 North Main Street City, State,
Zip:

Sacramento, CA 95814 City, State, Zip: Porterville, CA 93257 Phone: (916) 552-9983 Phone: (559) 782-7499
Fax: Fax:

Email: [email protected] Email: [email protected] Each party may change its contact upon written notice to the other party. While Party Contacts are contacts for day-to-day communications regarding Project work, the Recipient must provide official communications and notices to the Division’s Deputy Director.

4. Conditions precedent to this Agreement are set forth as follows:
(a) The Recipient must deliver an opinion of general counsel satisfactory to the State Water Board’s counsel dated on or after the date that the Recipient signs this Agreement. (b) The Recipient must deliver to the Division a resolution authorizing this Agreement and identifying its authorized representative by title.
(c) The Recipient must deliver to the Division a resolution certifying that its decision-making body reviewed and considered the Mitigated Negative Declaration filed by the State Water Board for the Akin Water Company Water Supply Project together with the Mitigation Monitoring and Reporting Program and reached its own conclusions on whether and how to approve the Project, pursuant to Section 15050 (b) of the CEQA Guidelines.

5. The Recipient represents, warrants, and commits to the following as of the Eligible Work Start Date and continuing thereafter for the term of this Agreement, which shall be at least until the Records Retention End Date:
(a) The Recipient agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents.
(b) The execution and delivery of this Agreement, including all incorporated documents, has been duly authorized by the Recipient. Upon execution by both parties, this Agreement constitutes a valid and binding obligation of the Recipient, enforceable in accordance with its terms, except as such enforcement may be limited by law.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

3pg18xi20
(c) None of the transactions contemplated by this Agreement will be or have been made with an actual intent to hinder, delay, or defraud any present or future creditors of Recipient. The Recipient is solvent and will not be rendered insolvent by the transactions contemplated by this Agreement. The Recipient is able to pay its debts as they become due. The Recipient maintains sufficient insurance coverage considering the scope of this Agreement, including, for example but not necessarily limited to, general liability, automobile liability, workers compensation and employer liability, professional liability. (d) The Recipient is in compliance with all State Water Board funding agreements to which it is a party.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
EXHIBIT A – SCOPE OF WORK AND SCHEDULE
A.1. PROJECT PURPOSE AND DESCRIPTION.

The Project is for the benefit of the Recipient and has a Useful Life of at least 40 years. The funding under this Agreement shall be used to provide the residents of two small disadvantaged communities currently served by Akin Water Company (Akin WC) and Central Mutual Water Company (Central MWC) with a sustainable source of safe drinking water.

A.2. SCOPE OF WORK.

The Recipient agrees to do the following: consolidate with Akin WC and Central MWC. Recipient also agrees to construct a new production well, estimated to produce between 1,300 and 1,800 gallons per minute, to provide the needed source capacity for the consolidation of Akin WC, the consolidation of Central MWC, as well as satisfy the remainder of East Porterville residents’ capacity needs.

The Recipient agrees to do the following for the Akin WC service area: construct approximately 1,500 feet of 8-inch waterline to provide water service to each customer currently served by Akin WC; install approximately three new fire hydrants and twenty-six new service laterals and meters; and destroy Akin WC’s two existing wells.

The Recipient agrees to do the following for the Central MWC service area: construct approximately 1,400 feet of 6-inch waterline to provide water service to each customer currently served by Central MWC; install approximately four new fire hydrants and thirty-four new service laterals and meters; and destroy Central MWC’s existing well.

Upon Completion of Construction, the Recipient must expeditiously initiate Project operations.

A.3 SIGNAGE
The Recipient must place a professionally prepared sign at least four feet tall by eight feet wide made of ¾ inch thick exterior grade plywood or other approved material in a prominent location on the Project site and must maintain the sign in good condition for the duration of Project implementation. The sign may include another agency’s required information and must include, prominently displayed, the following disclosure statement and color logos (available from the Division):

“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board.” A.4 SCHEDULE.

Failure to provide items by the due dates indicated in the table below may constitute a material violation of this Agreement. The Project Manager may adjust the dates in the “Estimated Due Date” column of this table, but Critical Due Date adjustments will require an amendment to this Agreement. The Recipient City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
must complete and submit all work in time to be approved by the Division prior to the Project Completion Date. As applicable for specific submittals, the Recipient must plan adequate time to solicit, receive, and address comments prior to submitting the final submittal. The Recipient must submit the final Reimbursement Request prior to the Final Reimbursement Request Date set forth on the Cover Page.

ITEM DESCRIPTION OF SUBMITTAL CRITICAL DUE
DATE

ESTIMATED DUE
DATE
EXHIBIT A – SCOPE OF WORK
A. ADDITIONAL SUBMITTAL(S) TO DIVISION

1. Final Plans and Specifications September 1, 2021

2. Final Budget Approval Package February 1, 2022

3. Completion of Construction October 1, 2023
B. REPORTS

1. Progress Reports Quarterly

2. Final Inspection and Certification October 1, 2023

3. Project Completion Report December 1, 2023
4 As Needed Reports TBD
EXHIBIT B – REIMBURSEMENTS, BUDGET DETAIL, AND REPORTING PROVISIONS A. REIMBURSEMENTS

1. Reimbursement Requests Quarterly

2. Final Reimbursement Request April 1, 2024
The Recipient must award the prime construction contract and begin construction timely. The Recipient must deliver any request for extension of the Completion of Construction Date no less than 90 days prior to the Completion of Construction Date.

A.5 PROGRESS REPORTS.

The Recipient must provide a progress report to the Division each quarter, beginning no later than 90 days after execution of this Agreement. The Recipient must provide a progress report with each Reimbursement Request. Failure to provide a complete and accurate progress report may result in the withholding of Project Funds, as set forth in Exhibit B. A progress report must contain the following information:
1) A summary of progress to date including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule elapsed;
2) A description of compliance with environmental requirements; 3) A listing of change orders including amount, description of work, and change in contract amount and schedule; and
4) Any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit A
A.6 SPECIAL REPORTS.
(a) The Recipient must submit a Project Completion Report to the Division with a copy to the appropriate District Office on or before the due date established by the Division and the Recipient at the time of final project inspection. The Project Completion Report must include the following:
i. Description of the Project,
ii. Description of the water quality problem the Project sought to address, iii. Discussion of the Project’s likelihood of successfully addressing that water quality problem in the future, and
iv. Summary of compliance with applicable environmental conditions. (b) If the Recipient fails to submit a timely Project Completion Report, the State Water Board may stop processing pending or future applications for new financial assistance, withhold reimbursements under this Agreement or other agreements, and begin administrative proceedings.
(c) The Recipient must report Disadvantaged Business Enterprise (DBE) utilization to the Division on the DBE Utilization Report, State Water Board Form DBE UR334. The Recipient must submit such reports to the Division annually within ten (10) calendar days following October 1 until such time as the "Notice of Completion" is issued. The Recipient must comply with 40 CFR § 33.301 and require its contractors and subcontractors on the Project to comply.

A.7 FINAL PROJECT INSPECTION AND CERTIFICATION.

Upon completion of the Project, the Recipient must provide for a final inspection and must certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involves the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification must be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification must be submitted to the Project Manager.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
EXHIBIT B – FUNDING AMOUNTS
B.1 ESTIMATED REASONABLE COST AND PROJECT FUNDS.

The estimated reasonable cost of the total Project is set forth on the Cover Page of this Agreement and is greater than or equal to the funding anticipated to be provided by the State Water Board under this Agreement. Subject to the terms of this Agreement, the State Water Board agrees to provide Project Funds not to exceed the amount of the Project Funding Amount set forth on the Cover Page of this Agreement.

B.2 RECIPIENT CONTRIBUTIONS.
(a) The loan component of this Agreement is forgiven. The estimated amount of principal that will be due to the State Water Board from the Recipient under this Agreement is Zero dollars and no cents ($0.00). (b) The Recipient must pay any and all costs connected with the Project including, without limitation, any and all Project Costs. If the Project Funds are not sufficient to pay the Project Costs in full, the Recipient must nonetheless complete the Project and pay that portion of the Project Costs in excess of available Project Funds, and shall not be entitled to any reimbursement therefor from the State Water Board. (c) If the Recipient recovers funds from any responsible parties, the Recipient shall immediately notify the Division. The amount of this Agreement may be reduced to reflect the recovered funds.

B.3 VERIFIABLE DATA.

Upon request by the Division, the Recipient must submit verifiable data to support deliverables specified in the Scope of Work. The Recipient’s failure to comply with this requirement may be construed as a material breach of this Agreement.

B.4 BUDGET COSTS
Budget costs are contained in the Summary Project Cost Table below:

LINE ITEM TOTAL ESTIMATED COST PROJECT FUNDING AMOUNT
Construction $3,194,720 $3,194,720
Pre-Purchased Material/Equipment $0 $0
Purchase of Land $0 $0
Contingency $638,944 $638,944
Allowances (Soft Costs) $954,000 $954,000
TOTAL $4,787,664 $4,787,664

The Division’s Final Budget Approval and related Form 259 and Form 260 will document a more detailed budget of eligible Project Costs and Project funding amounts.

The Recipient is prohibited from requesting disbursement amounts that represent Recipient’s mark-ups to costs invoiced or otherwise requested by consultants or contractors.

Reasonable indirect costs may be allowable upon approval by the Division.

B.5 LINE ITEM ADJUSTMENTS.

Upon written request by the Recipient, the Division may adjust the line items of the Summary Project Cost Table at the time of Division’s Final Budget Approval. Upon written request by the Recipient, the Division may also adjust the line items of the Summary Project Cost Table as well as the detailed budget at the time of Recipient’s submittal of its final claim. Any line item adjustments to the Summary Project Cost Table that are due to a change in scope of work will require an Agreement amendment. The sum of adjusted line items in both the Summary City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
Project Cost Table and the detailed budget must not exceed the Project Funding Amount. The Division may also propose budget adjustments.

Under no circumstances may the sum of line items in the budget approved through the Final Budget Approval process exceed the Project Funding Amount. Any increase in the Project Funding Amount will require an Agreement amendment.

B.6 REIMBURSEMENT PROCEDURE.
(a) Except as may be otherwise provided in this Agreement, reimbursements will be made as follows:

1. Upon execution and delivery of this Agreement by both parties, the Recipient may request immediate reimbursement of any eligible incurred costs as specified below through submission to the State Water Board of the Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed.

2. The Recipient must submit a Reimbursement Request for costs incurred prior to the date this Agreement is executed by the State Water Board no later than ninety (90) days after this Agreement is executed by the State Water Board. Late Reimbursement Requests may not be honored.

3. Additional Project Funds will be promptly disbursed to the Recipient upon receipt of Reimbursement Request Form 260 and Form 261, or any amendment thereto, duly completed and executed by the Recipient for incurred costs consistent with this Agreement, along with receipt of progress reports due under Exhibit A.

4. The Recipient must not request reimbursement for any Project Cost until such cost has been incurred and is currently due and payable by the Recipient, although the actual payment of such cost by the Recipient is not required as a condition of reimbursement. Supporting documentation (e.g., receipts) must be submitted with each Reimbursement Request. The amount requested for Recipient’s administration costs must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Reimbursement of Project Funds will be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed Reimbursement Request. Upon request by the Division, supporting documents for professional and administrative services must include the employees’ names, classifications, labor rates, hours worked, and descriptions of the tasks performed.

Reimbursement Requests submitted without supporting documents may be wholly or partially withheld at the discretion of the Division.

5. The Recipient must spend Project Funds within 30 days of receipt. If the Recipient earns interest earned on Project Funds, it must report that interest immediately to the State Water Board. The State Water Board may deduct earned interest from future reimbursements.

6. The Recipient shall not request a reimbursement unless that Project Cost is allowable, reasonable, and allocable.

7. Notwithstanding any other provision of this Agreement, no reimbursement shall be required at any time or in any manner which is in violation of or in conflict with federal or state laws, policies, or regulations. (b) Notwithstanding any other provision of this Agreement, the Recipient agrees that the State Water Board may retain an amount equal to ten percent (10%) of the Project Funding Amount until Project Completion. Any retained amounts due to the Recipient will be promptly disbursed to the Recipient, without interest, upon Project Completion.
(c) Except as follows, construction costs and disbursements are not available until after the Division has approved the final budget form submitted by the Recipient. The Deputy Director of the Division may authorize the disbursement of up to ten percent (10%) of Project Funds for the reimbursement of eligible construction costs and pre-purchased materials prior to Division approval of the final budget form submitted by the Recipient. All other construction costs are not eligible for reimbursement until after this the Division has approved the final budget form submitted by the Recipient. Construction costs incurred prior to the Eligible Construction Start Date are not eligible for reimbursement.

B.7 REVERTING FUNDS AND DISENCUMBRANCE.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit B
In the event the Recipient does not submit Reimbursement Requests for all funds encumbered under this Agreement by the Final Reimbursement Request Date, any remaining funds revert to the State. The State Water Board may notify the Recipient that the project file is closed, and any remaining balance will be disencumbered and unavailable for further use under the Agreement.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit C
EXHIBIT C – GENERAL TERMS AND CONDITIONS 2019-NOV
GENERAL TERMS AND CONDITIONS 2019-NOV is incorporated by reference and is posted at https://www.waterboards.ca.gov/water_issues/programs/grants_loans/general_terms.html City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
EXHIBIT D – SPECIAL CONDITIONS

1. Notwithstanding Exhibit C, the following terms have no meaning for the purposes of this Agreement:
• Work Completion
• Work Completion Date

2. Each capitalized term used in this Agreement has the following meaning:
• "Allowance" means an amount based on a percentage of the accepted bid for an eligible project to help defray the planning, design, and construction engineering and administration costs of the Project. • "Authorized Representative" means the duly appointed representative of the Recipient as set forth in the certified original of the Recipient’s authorizing resolution that designates the authorized representative by title.
• "Completion of Construction" means the date, as determined by the Division after consultation with the Recipient, that the work of building and erection of the Project is substantially complete, and is established on the Cover Page of this Agreement.
• “District Office” means District Office of the Division of Drinking Water of the State Water Board. • “Division of Drinking Water” means the Division of Drinking Water of the State Water Board. • “Eligible Construction Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which construction costs may be incurred and eligible for reimbursement hereunder.
• “Eligible Work Start Date” means the date set forth on the Cover Page of this Agreement, establishing the date on or after which any non-construction costs may be incurred and eligible for reimbursement hereunder.
• “Enterprise Fund” means the enterprise fund of the Recipient in which Revenues are deposited. • “Event of Default” means, in addition to the meanings set forth in Exhibit C, the occurrence of any of the following events:
a) A material adverse change in the condition of the Recipient, the Revenues, or the System, which the Division reasonably determines would materially impair the Recipient’s ability to satisfy its obligations under this Agreement.
b) Failure to operate the System or the Project without the Division’s approval; • “Final Budget Approval” means the Division-approved final budget for the Project, as set forth in Exhibit B. • “Indirect Costs” means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Recipient; non-project-specific accounting and personnel services performed within the Recipient organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non-project-specific facilities; tuition and conference fees; generic overhead or markup; and taxes.
• "Initiation of Construction" means the date that notice to proceed with work is issued for the Project, or, if notice to proceed is not required, the date of commencement of building and erection of the Project. • “Net Revenues" means, for any Fiscal Year, all Revenues received by the Recipient less the Operations and Maintenance Costs for such Fiscal Year.
• "Operations and Maintenance Costs" means the reasonable and necessary costs paid or incurred by the Recipient for maintaining and operating the System, determined in accordance with GAAP, including all City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
reasonable expenses of management and repair and all other expenses necessary to maintain and preserve the System in good repair and working order, and including all reasonable and necessary administrative costs of the Recipient that are charged directly or apportioned to the operation of the System, such as salaries and wages of employees, overhead, taxes (if any), the cost of permits, licenses, and charges to operate the System and insurance premiums; but excluding, in all cases depreciation, replacement, and obsolescence charges or reserves therefor and amortization of intangibles. • “Reimbursement Request” means the Recipient’s request for Project Funds from the State Water Board as set forth in Exhibit B.
• "Revenues" means, for each Fiscal Year, all gross income and revenue received or receivable by the Recipient from the ownership or operation of the System, determined in accordance with GAAP, including all rates, fees, and charges (including connection fees and charges) as received by the Recipient for the services of the System, and all other income and revenue howsoever derived by the Recipient from the ownership or operation of the System or arising from the System, including all income from the deposit or investment of any money in the Enterprise Fund or any rate stabilization fund of the Recipient or held on the Recipient’s behalf, and any refundable deposits made to establish credit, and advances or contributions in aid of construction.
• “System” means all drinking water collection, transport, treatment, storage, and delivery facilities, including land and easements thereof, owned by the City of Porterville, or its successor agency, and all other properties, structures, or works hereafter acquired and constructed by the Recipient and determined to be a part of the System, together with all additions, betterments, extensions, or improvements to such facilities, properties, structures, or works, or any part thereof hereafter acquired and constructed. • “Useful Life” means the economically useful life of the Project beginning at Project Completion and is set forth in Exhibit A.

3. Acknowledgements.

The Recipient must include the following acknowledgement in any document, written report, or brochure to be shared with the general public prepared in whole or in part pursuant to this Agreement:
“Funding for this project has been provided in full or in part under the Drinking Water State Revolving Fund, which may include capitalization funding from the United States Environmental Protection Agency through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the foregoing, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.”

4. Rates and Charges. The Recipient must, to the extent permitted by law, fix, prescribe and collect rates, fees and charges for the System during each Fiscal Year which are reasonable, fair, and nondiscriminatory and which will be sufficient to generate Revenues in the amounts necessary to cover Operations and Maintenance Costs, and must ensure that Net Revenues are in an amount necessary to meet its obligations under this Agreement. The Recipient may make adjustments from time to time in such fees and charges and may make such classification thereof as it deems necessary, but shall not reduce the rates, fees and charges then in effect unless the Net Revenues from such reduced rates, fees, and charges will at all times be sufficient to meet the requirements of this section.

5. [RESERVED]

6. [RESERVED].

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

7. Environmental/Technical Special Conditions
Technical:

1. The Recipient shall submit its professional engineering services contract to the Division prior to disbursement of funds for costs incurred under such contract.

2. The Recipient shall not solicit bids, award a contract, or commence construction activities until final plans and specifications are approved by the Division of Drinking Water Tulare District Office Engineer and the Project Manager.

3. The Recipient must submit final consolidation agreements with Akin WC and Central MWC, in a form satisfactory to the Division, and receive written approval from the Project Manager to proceed before Project Funds may be disbursed for any Project Costs under the Agreement.

4. Upon completion of the Project the Recipient shall submit a water supply permit amendment request for review to the Division of Drinking Water Tulare District Office.

Environmental:

1. The documents identified below are incorporated by reference and the Recipient shall comply with the conditions and recommendations therein:
a. The Mitigation Monitoring and Reporting Program adopted by the State Water Board on June 16, 2016 for the Project. The Recipient shall implement all mitigation measures therein. b. The letter dated February 12, 2020, from Patricia Cole of the United States Fish and Wildlife Service, San Joaquin Valley Division to Douglas E. Eberhardt of the United States Environmental Protection Agency, including, but not limited to, the following:
i. Implement Avoidance and Minimization Measures and Best Management Practices prior to and during construction activities to minimize and avoid effects to the San Joaquin kit fox.
c. The Mitigation Monitoring and Reporting Program adopted by the City of Porterville on April 21, 2020 for the Central Mutual Water Company Consolidation Project. The Recipient shall implement all mitigation measures therein.

2. In the Recipient’s Quarterly Reports submitted pursuant to this Agreement, the Recipient shall include a discussion of the status of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

3. In the Recipient’s Project Completion Report submitted pursuant to this Agreement, the Recipient shall include a discussion of its compliance with environmental measures identified in this Exhibit D, with separate sections clearly labeled and titled, discussing the status of Recipient’s compliance.

8. [RESERVED].

9. Appointment of Receiver/Custodian. Upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the State Water Board under this Agreement, the State Water Board may make application for the appointment of a receiver or custodian of the Revenues, pending such proceeding, with such power as the court making such appointment may confer.

10. [RESERVED].

11. Damages for Breach of Federal Conditions. In the event that any breach of any of the provisions of this Agreement by the Recipient results in the failure of Project Funds to be used pursuant to the provisions of this Agreement, or if such breach results in an obligation on the part of the State or any subdivision or agency thereof to reimburse the federal government, the Recipient must immediately reimburse the State or any subdivision or agency thereof in an amount equal to any damages paid by or loss incurred by the State or any subdivision or agency thereof due to such breach.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D

12. [RESERVED].

13. Operation and Maintenance. The Recipient shall sufficiently and properly staff, operate, and maintain the facility and structures constructed or improved as part of the project throughout the term of this Agreement, consistent with the purposes of this Agreement. The Recipient assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation.

14. Insurance. The Recipient will procure and maintain or cause to be maintained insurance on the System and Project with responsible insurers, or as part of a reasonable system of self-insurance, in such amounts and against such risks (including damage to or destruction of the System or Project) as are usually covered in connection with systems similar to the System or Project. Such insurance may be maintained by a self-insurance plan so long as such plan provides for (i) the establishment by the Recipient of a separate segregated self-insurance fund in an amount determined (initially and on at least an annual basis) by an independent insurance consultant experienced in the field of risk management employing accepted actuarial techniques and (ii) the establishment and maintenance of a claims processing and risk management program. In the event of any damage to or destruction of the System or Project caused by the perils covered by such insurance, the net proceeds thereof shall be applied to the reconstruction, repair or replacement of the damaged or destroyed portion of the System or Project. The Recipient must begin such reconstruction, repair or replacement as expeditiously as possible, and must pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same must be completed and the System and Project must be free and clear of all claims and liens. Recipient agrees that for any policy of insurance concerning or covering the construction of the Project, it will cause, and will require its contractors and subcontractors to cause, a certificate of insurance to be issued showing the State Water Board, its officers, agents, employees, and servants as additional insured; and must provide the Division with a copy of all such certificates prior to the commencement of construction of the Project.

15. Notice Events. Upon the occurrence of any of the following events, the Recipient must notify the Division’s Deputy Director and Party Contacts by phone and email within the time specified below:
a. The Recipient must notify the Division within 24 hours by phone at (916) 327-9978 and by email to [email protected] of any discovery of any potential tribal cultural resource and/or archaeological or historical resource. Should a potential tribal cultural resource and/or archaeological or historical resource be discovered during construction or Project implementation, the Recipient must ensure that all work in the area of the find will cease until a qualified archaeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Division has determined what actions should be taken to protect and preserve the resource. The Recipient must implement appropriate actions as directed by the Division.
b. The Recipient must notify the Division promptly of the occurrence of any of the following events:
i. Bankruptcy, insolvency, receivership or similar event of the Recipient, or actions taken in anticipation of any of the foregoing;
ii. Change of ownership of the Project (no change of ownership may occur without written consent of the Division);
iii. Loss, theft, damage, or impairment to Project;
iv. Events of Default, except as otherwise set forth in this section; City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017

Exhibit D
v. A proceeding or action by a public entity to acquire the Project by power of eminent domain.
vi. Any litigation pending or threatened with respect to the Project or the Recipient’s technical, managerial or financial capacity or the Recipient’s continued existence; vii. Consideration of dissolution, or disincorporation; viii. Enforcement actions by or brought on behalf of the State Water Board or Regional Water Board.
ix. The discovery of a false statement of fact or representation made in this Agreement or in the application to the Division for this funding, or in any certification, report, or request for reimbursement made pursuant to this Agreement, by the Recipient, its employees, agents, or contractors;
x. Any substantial change in scope of the Project. The Recipient must undertake no substantial change in the scope of the Project until prompt written notice of the proposed change has been provided to the Division and the Division has given written approval for the change;
xi. Any circumstance, combination of circumstances, or condition, which is expected to or does delay Completion of Construction for a period of ninety (90) days or more; xii. Any Project monitoring, demonstration, or other implementation activities required in this Agreement;
xiii. Any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by state representatives with at least ten (10) working days’ notice to the Division; xiv. Any event requiring notice to the Division pursuant to any other provision of this Agreement.
xv. Completion of work on the Project.
xvi. The Recipient must promptly notify the Division and Party Contacts of cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more;
xvii. The Recipient must promptly notify the Division and Party Contacts of the discovery of any unexpected endangered or threatened species, as defined in the federal Endangered Species Act. Should a federally protected species be unexpectedly encountered during implementation of the Project, the Recipient agrees to promptly notify the Division. This notification is in addition to the Recipient’s obligations under the federal Endangered Species Act;
xviii. The Recipient must promptly notify the Division and Party Contacts of Completion of Construction, and Project Completion;
xix. The Recipient must promptly notify the Division and Party Contacts of the award of the prime construction contract for the Project; and the Recipient must promptly notify the Division and Party Contacts of Initiation of construction of the Project.

City of Porterville
Project No.: 5410010-018C/ 5400655-001C
Agreement No.: SWRCB0000000000D2002017